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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.
Double Jeopardy Clause. The Double Jeopardy Clause of the Fifth Amendment prohibits state and federal governments from reprosecuting for the same offense a defendant who has already been acquitted or convicted. It also prevents state and federal governments from imposing more than one punishment for the same offense.