When does jeopardy attach in a bench trial?

When does jeopardy attach in a bench trial?

• A. When the jury is sworn
• B. When the first witness is sworn and begins to testify
• C. At trial start
• D. After closing arguments

Answer: (B)

Jeopardy, the risk of punishment, begins the moment the trial actually starts presenting evidence in front of the trier of fact. In a bench trial, there is no jury, so the point at which the case shifts from pretrial proceedings to live evaluation of evidence is when the first witness is sworn and testifies. At that moment, the judge begins weighing the evidence to decide guilt or innocence, so the jeopardy has attached. Opening statements don’t count as testimony, and jeopardy isn’t triggered simply by the trial starting or by closing arguments.

Jeopardy, the risk of punishment, begins the moment the trial actually starts presenting evidence in front of the trier of fact. In a bench trial, there is no jury, so the point at which the case shifts from pretrial proceedings to live evaluation of evidence is when the first witness is sworn and testifies. At that moment, the judge begins weighing the evidence to decide guilt or innocence, so the jeopardy has attached. Opening statements don’t count as testimony, and jeopardy isn’t triggered simply by the trial starting or by closing arguments.