<P> The rule for mistrials depends upon who sought the mistrial . If the defendant moves for a mistrial, there is no bar to retrial, unless the prosecutor acted in "bad faith", i.e., goaded the defendant into moving for a mistrial because the government specifically wanted a mistrial . If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial . The same standard governs mistrials granted sua sponte . </P> <P> In Heath v. Alabama (1985), the Supreme Court held, that the Fifth Amendment rule against double jeopardy does not prohibit two different states from separately prosecuting and convicting the same individual for the same illegal act . </P> <P> The Fifth Amendment protects individuals from being forced to incriminate themselves . Incriminating oneself is defined as exposing oneself (or another person) to "an accusation or charge of crime," or as involving oneself (or another person) "in a criminal prosecution or the danger thereof ." The privilege against compelled self - incrimination is defined as "the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself ..." To "plead the Fifth" is to refuse to answer any question because "the implications of the question, in the setting in which it is asked" lead a claimant to possess a "reasonable cause to apprehend danger from a direct answer", believing that "a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result ." </P> <P> Historically, the legal protection against compelled self - incrimination was directly related to the question of torture for extracting information and confessions . </P>

What does the fifth amendment's protection against self incrimination mean
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