Double Jeopardy attaches during a Jury Trial when?

Double Jeopardy attaches during a Jury Trial when?

• A. When first witness is sworn in.
• B. When jury is sworn in.
• C. When verdict is reached.
• D. When sentence is imposed.

Answer: (B)

Jeopardy attaches at the start of the trial when the defendant first takes on the risk of punishment. In a jury trial, that moment is when the jury is sworn in. Once the jury takes its oath and the trial begins, the defendant is in jeopardy for the charged offenses, meaning the government is limited from retrial for the same offense if the case ends in conviction, acquittal, or certain dismissals. In a bench (nonjury) trial, jeopardy attaches when the first witness is sworn, since there is no jury to swear. The moment is not when the first witness is sworn in a jury trial, nor when a verdict is reached, nor when a sentence is imposed.

Jeopardy attaches at the start of the trial when the defendant first takes on the risk of punishment. In a jury trial, that moment is when the jury is sworn in. Once the jury takes its oath and the trial begins, the defendant is in jeopardy for the charged offenses, meaning the government is limited from retrial for the same offense if the case ends in conviction, acquittal, or certain dismissals. In a bench (nonjury) trial, jeopardy attaches when the first witness is sworn, since there is no jury to swear. The moment is not when the first witness is sworn in a jury trial, nor when a verdict is reached, nor when a sentence is imposed.