What is the test for double jeopardy under the Fifth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Walt, 117 F.3d 1427 (9th Cir. 1997):
The Double Jeopardy Clause of the Fifth Amendment prohibits: " a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense." United States v. Halper, 490 U.S. 435, 440 (1989). The bar against a second punishment or prosecution arises only after jeopardy has attached in the first action. See Serfass v. United States, 420 U.S. 377, 389 (1975).
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