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Double Jeopardy Protection Basics. The Double Jeopardy clause in the Fifth Amendment to the U. S. Constitution provides that No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb.. Most states have the same guarantee for defendants appearing in state court.
Further, double jeopardy is discussed in accordance with constitutions of different countries. It is a fundamental principal of the common law that a person cannot be put in jeopardy twice for the same offence. Almost all common law countries incorporate this protection in their laws.