The prohibition against being tried twice for the same crime contained within the Fifth Amendment
A) applies against the states but only for felony cases which cannot be tried a second time unless the defendant wins a new trial in a successful appeal.
B) does not apply against the states, even now, in a way that limits what the states may do because the double jeopardy provision of the Fifth Amendment has never been incorporated into the due process clause of the Fourteenth amendment.
C) has been determined, under the doctrine of selective incorporation, to apply against the states so that no state may try a person for the same exact offense except where the defendant has successfully appealed his or her case.
D) has always applied against the states so that states could not try a person for a second time unless the defendant had successfully appealed and won a reversal of this case.
E) none of the responses above state correct answers.
B
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