Double Jeopardy Clause Law and Legal Definition

Double Jeopardy Clause is a clause in the U.S. Constitution that forbids a person from being tried twice for the same offence. This clause was added through the U.S. Constitution Fifth Amendment. The principle behind the adoption of the clause is to prevent state and federal governments from imposing more than one punishment for the same offense. This clause thus provides a procedural defense as a right for any act of being tried twice for the same offence.

This clause prohibits state and federal governments from re-prosecuting for the same offense, a defendant who has already been acquitted or convicted. [State v. Detco, Inc., 66 Wis. 2d 95 (Wis. 1974)]