For double jeopardy purposes, the ?same offense? is one that requires proof of the same facts that a second charged offense does.

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For double jeopardy purposes, the "same offense" is defined by the "same elements" test, meaning it requires proof of the same facts as a second charged offense. This principle is designed to protect individuals from being tried or punished more than once for the same conduct.

For Double Jeopardy Purposes, the ?Same Offense? Is One That