Double Jeopardy attaches during a bench trial when?

Double Jeopardy attaches during a bench trial when?

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

Answer: (B)

The key idea is when the defendant’s risk of punishment actually begins. In a trial by judge (bench trial), double jeopardy attaches at the moment the testimony starts, when the first witness is sworn. That marks the start of the proceedings on the merits and the point at which the defendant can be punished if found guilty. If the trial were by jury, jeopardy would attach when the jury is sworn in, but for a bench trial it’s the oath of the first witness that signals the start of jeopardy. Waiting until the verdict is reached or until sentencing occurs happens after the jeopardy has already attached, so those moments are not when the protection begins.

The key idea is when the defendant’s risk of punishment actually begins. In a trial by judge (bench trial), double jeopardy attaches at the moment the testimony starts, when the first witness is sworn. That marks the start of the proceedings on the merits and the point at which the defendant can be punished if found guilty. If the trial were by jury, jeopardy would attach when the jury is sworn in, but for a bench trial it’s the oath of the first witness that signals the start of jeopardy. Waiting until the verdict is reached or until sentencing occurs happens after the jeopardy has already attached, so those moments are not when the protection begins.