When does jeopardy attach in a jury trial?

When does jeopardy attach in a jury trial?

• A. When the jury is sworn in
• B. When the first witness is sworn
• C. When opening statements begin
• D. When the verdict is rendered

Answer: (A)

Jeopardy attaches at the start of the trial when the jury is sworn in. That oath marks the formal beginning of the proceedings and the defendant is now at risk of conviction or punishment. Before the jury is sworn, the case hasn’t entered the phase where a verdict can be reached, so jeopardy isn’t in effect. Opening statements occur after the jury is sworn but they are not the moment jeopardy attaches. The verdict is the end of the trial, not the start of jeopardy. The option about the first witness sworn applies to bench trials (non-jury), not jury trials, so it doesn’t fit this scenario.

Jeopardy attaches at the start of the trial when the jury is sworn in. That oath marks the formal beginning of the proceedings and the defendant is now at risk of conviction or punishment. Before the jury is sworn, the case hasn’t entered the phase where a verdict can be reached, so jeopardy isn’t in effect. Opening statements occur after the jury is sworn but they are not the moment jeopardy attaches. The verdict is the end of the trial, not the start of jeopardy. The option about the first witness sworn applies to bench trials (non-jury), not jury trials, so it doesn’t fit this scenario.