Which statement correctly describes jeopardy attachments in both jury and bench trials?

Which statement correctly describes jeopardy attachments in both jury and bench trials?

• A. Jeopardy attaches in a jury trial when the jury is sworn, and in a bench trial when the first witness is sworn and begins to testify.
• B. Jeopardy attaches in a jury trial when opening statements begin.
• C. Jeopardy attaches in a bench trial after the verdict.
• D. Jeopardy attaches in both trials when the judge announces readiness.

Answer: (A)

Jeopardy attaches at the moment the trial actually begins the process of deciding guilt. In a jury trial, that moment is when the jury is sworn and becomes the finder of fact, so the risk of conviction attaches. In a bench trial, there is no jury, so jeopardy attaches when the first witness is sworn and begins to testify, because that’s when the judge starts evaluating the evidence. Opening statements occur before any evidence is presented and do not trigger jeopardy, the verdict comes after the trial has run its course, and a judge’s readiness declaration is not the formal trigger for jeopardy.

Jeopardy attaches at the moment the trial actually begins the process of deciding guilt. In a jury trial, that moment is when the jury is sworn and becomes the finder of fact, so the risk of conviction attaches. In a bench trial, there is no jury, so jeopardy attaches when the first witness is sworn and begins to testify, because that’s when the judge starts evaluating the evidence. Opening statements occur before any evidence is presented and do not trigger jeopardy, the verdict comes after the trial has run its course, and a judge’s readiness declaration is not the formal trigger for jeopardy.