You are correct, which highlights the way in which common sense can deviate from the actual application of law in an English-common-law-derived system. The com

You are correct, which highlights the way in which common sense can deviate from the actual application of law in an English-common-law-derived system. The common sense idea would be that investigating the same fact pattern twice would be trying the same crime twice. The actual law does not agree with that assessment for the reason you have indicated. Due process doesn't prevent you from being found innocent of a crime and liable on a civil case on the same set of actions, and it (apparently) doesn't prevent you from being found guilty of falsifying documents to attempt a crime without requiring the jury to agree on what crime was attempted.