who said you cannot step into the same river twice
Heraclitus Heraclitus was famous for his insistence on ever-present change as being the fundamental essence of the universe, as stated in the famous saying, "No man ever steps in the same river twice"[6] (see panta rhei, below). This position was complemented by his stark commitment to a unity of opposites in the world, stating that "the path up and down are one and the same". Through these doctrines Heraclitus characterized all existing entities by pairs of contrary properties, whereby no entity may ever occupy a single state at a single time. This, along with his cryptic utterance that "all entities come to be in accordance with this Logos" (literally, "word", "reason", or "account") has been the subject of numerous interpretations.
Double Jeopardy Clause Mistrials are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried. Furthermore, if a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial as was addressed in United States v. Josef Perez, 22 U.S. 579 (1824). When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion. An exception exists, however, where the prosecutor or judge has acted in bad faith. In Oregon v. Kennedy, 456 U.S. 667 (1982), the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."