Double_jeopardy Double jeopardy is a procedural defense (and, in many countries such as the United States, Canada, Mexico and India, a constitutional right) that forbids a defendant from being tried twice for the same crime on the same set of facts. At common law a defendant may plead autrefois acquit or autrefois convict (a peremptory plea), meaning the defendant has been acquitted or convicted of the same offense.