Same Evidence Test Law and Legal Definition

Same Evidence Test is a method used by courts to assess whether a criminal prosecution is barred by the double jeopardy or not. Double jeopardy clause of the Fifth Amendment guarantees that “no individual shall be subject for the same offense to be twice put in jeopardy of life.”

The test is applied to find out:

Whether the evidence in second indictment would sustain a conviction under the first indictment; and

Whether the same evidence would support conviction in each case.

Under same evidence test double jeopardy exists when the evidence required to support a conviction in one crime supports a conviction in another.