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Double Jeopardy
Double jeopardy

The double jeopardy rule prohibits being tried in federal or state court more than once for the same criminal offense. The Double Jeopardy Clause of the Fifth Amendment to the Constitution states that: “… nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” In practice, it can be used as a procedural defense in that the defendant may plead that they have previously been acquitted or convicted for the same offense. This is a matter that is usually raised and resolved prior to a trial, a rare exception to the general rule prohibiting appeals from nonfinal orders. If the defendant is able to produce evidence substantiating the assertion of double jeopardy, ...

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