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It only applies in criminal cases and criminal law. Thus, the protection does not apply in civil lawsuits. The double jeopardy rule also bars multiple punishments for lesser included offenses. A lesser included offense is an offense that the government must necessarily prove to convict someone for a greater offense.
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Incorporation. Although the Fifth Amendment initially applied only to the federal government, the U.S. Supreme Court has ruled that the double jeopardy clause applies to the states as well through incorporation by the Fourteenth Amendment.
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This law states that a person cannot be convicted of two offences that are as a result of the same act. In Canadian law, a person is considered convicted only after sentencing.
Canada. The Canadian Charter of Rights and Freedoms includes provisions such as section 11(h) prohibiting double jeopardy. However, the prohibition only applies after an accused person has been finally convicted or acquitted. Canadian law allows the prosecution to appeal an acquittal based on legal errors.
Double Jeopardy. The constitutional protection against double jeopardy prevents prosecutors from repeatedly bringing the same charges against a defendant. There are many reasons for protection against double jeopardy. Double jeopardy protections are a fundamental right for criminal defendants.