Definition
In legal usage, "twice" most commonly appears as the operative word in the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution, which provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." The word carries constitutional weight: whether a defendant has been placed in jeopardy once — and therefore cannot be subjected to jeopardy a second time — is the threshold question in double jeopardy analysis. "Twice" in this context means a second exposure to criminal prosecution for the same offense after jeopardy has attached in a prior proceeding.
Beyond constitutional law, "twice" appears in procedural and statutory contexts to indicate a second occurrence: a penalty applied twice, a notice given twice, a term doubled. In these contexts it functions as an ordinary adverb of frequency or degree, and its meaning is governed by the specific statute or rule in which it appears.
Common Language
Modern common usage (Wiktionary): Two times; or doubled in quantity, intensity, or degree.
Historical common usage (Webster's 1913): Two times; once and again. Also, doubly; in twofold quantity or degree.
The gap between common and legal meaning is narrow in most contexts but significant in the constitutional one. In ordinary English, "twice" is purely descriptive — it counts repetitions. In the Double Jeopardy Clause, the word is a constitutional boundary. Courts have spent centuries defining exactly when jeopardy "attaches" for the first time, because that determination controls whether a second proceeding is "twice" within the meaning of the clause. The simplicity of the word masks substantial doctrinal complexity.
Common Confusion
"Twice" in double jeopardy analysis is sometimes read as simply meaning "a second trial." It means more than that. Jeopardy must have attached in the first proceeding — generally, when a jury is sworn or when the first witness is sworn in a bench trial. A mistrial, a dismissal before jeopardy attaches, or a conviction that is reversed on appeal may or may not trigger the "twice" bar depending on the circumstances. Researchers should resist reading "twice" as equivalent to "a second time the government tries" without confirming that jeopardy attached in the first proceeding.
Why It Matters in Research
Anderson's Dictionary of Law redirects from "twice" to JEOPARDY, which is the correct and necessary entry for substantive research. This cross-reference is itself informative: the legal significance of "twice" is almost entirely derivative of jeopardy doctrine, and researchers should not treat the word as an independent term of art.
For corpus researchers, the most common trap is encountering "twice" in historical statutes or pleadings and reading it as a simple adverb when it may be activating a jeopardy defense or a doubled-penalty provision. Historical pleadings invoking the pleas of autrefois acquit and autrefois convict — the common law predecessors to modern double jeopardy claims — are the functional equivalents of arguing that the defendant has already been in jeopardy once and cannot be placed there twice. Researchers working in pre-constitutional common law materials should know these plea names even if the word "twice" does not appear.
In statutory penalty provisions, "twice" or "double" the damages is a distinct legal construct (see DOUBLE DAMAGES) and should not be conflated with the constitutional usage.
Jurisdictional variation matters here: most states have their own double jeopardy provisions in their constitutions or statutes, and the definition of when jeopardy "attaches" under state law may differ from federal doctrine. A researcher analyzing state court records should verify the applicable state standard rather than assuming federal doctrine controls.
Historical Dictionary Support
Anderson's Dictionary of Law does not provide a substantive entry for "twice" and redirects entirely to JEOPARDY. This is consistent with the word's role in legal usage: it has no independent doctrinal content and serves only as the hinge on which jeopardy analysis turns. Historical legal dictionaries generally follow this pattern — Bouvier's similarly treats double jeopardy under JEOPARDY rather than as a standalone entry for "twice."
The Webster's 1913 definition captures both senses (frequency and degree) that appear in legal texts. The degree sense — "twice the sum," "twice the penalty" — is relevant in penalty and damages provisions. Neither historical dictionary source addresses the constitutional dimension, which is the aspect of the word most likely to matter in legal research.
Jurisdictional Note
The Double Jeopardy Clause applies to federal prosecutions directly and to state prosecutions through incorporation via the Fourteenth Amendment. State constitutions and statutes may provide broader protections than the federal floor. The moment jeopardy "attaches" and the scope of the "same offence" may be defined differently under state law.
Encyclopedia Cross-Reference
See JEOPARDY — Double Jeopardy for full doctrinal treatment of the constitutional protection and its historical development.