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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.
Itâs a relatively straightforward concept: The government canât prosecute someone more than once for the same crime. In practice, though, the double jeopardy prohibition can get knotty. The Essence of Double Jeopardy âJeopardyâ in the legal sense describes the risk brought by criminal prosecution. With notions of fairness and finality in mind, the Framers of the Constitution included the Double Jeopardy Clause to prevent the government from trying or punishing a defendant more than once. Specifically, double jeopardy protects against: