Same Evidence Test

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A method used by courts to assess whether a criminal prosecution is barred by thedouble jeopardy clauseof thefifth amendmentto the U.S Constitution, which guarantees that no individual shall "be subject for the same offense to be twice put in jeopardy of life or limb." Under this test, if the evidence required to support a conviction in one crime also would have supported a conviction in another, then double jeopardy exists.