Double jeopardy is discussed in the Fifth Amendment of the U.S. Constitution. The Fifth Amendment - the Rights of Persons states that: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
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Yes without protection from Double Jeopardy they can just retry you until you finally lose
The Bill of Rights includes the Fifth Amendment which includes the double jeopardy clause. The Bill of Rights was brought into effect in 1791.
right to a trial by jury
The court held that "a[n]…offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."
The 5th Amendment - prohibits double jeapordy.