Home > West's Encyclopedia of American Law > Same Evidence Test

A method used by courts to assess whether a criminal prosecution is barred by the DOUBLE JEOPARDY CLAUSE of the FIFTH AMENDMENT to 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.