The Fifth Amendment of the U.S. Constitution provides that "no person...shall...for the same offense...be twice put in jeopardy of life or limb." This complies the double jeopardy law. The term "jeopardy" refers to the "danger" of punishment, which is inscribed to any individual brought to trial before a court of competent jurisdiction. Procedural matters prior to trial do not constitute jeopardy, and that's why it's said that jeopardy attaches, or may be asserted by the defendant, once a jury has been sworn in, or the first witness takes the stand, in any original prosecution resulting in any acquittal or conviction. Jeopardy also attaches to any plea of guilty (treated the same as conviction) even if later withdrawn. Jeopardy does not attach to any proceedings resulting in nolle prosequi(no prosecution), mistrial, hung jury, or termination for any other "legally sufficient" reason. "Double jeopardy" refers to the "danger" of a second punishment whenever a defendant is brought to trial again for the same crime (or a greater or lesser-included crime). This means that there cannot be a second prosecution for the same criminal act (both in fact and in law) upon which a first prosecution was based. The accused must be released and the case dismissed. The challenge is determining what constitutes the "same" crime for double jeopardy purposes. Some examples of double jeopardy are as follows:
             · an acquittal or conviction for burglary will bar any prosecution for robbery (even if the burglar woke up the sleeping couple and robbed them) unless there are distinct elements in one crime that are not included in the other
             · separate convictions for different sex acts upon the same victim are affirmed in many cases throughout the United States
             · multiple convictions in a single act such as a defendant masturbating in a movie theater in front of three young girls
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