When is double jeopardy attached to a bench trial?

When is double jeopardy attached to a bench trial?

• A. When the first witness is sworn in
• B. When the jury is sworn in
• C. When the verdict is read
• D. When the judge is assigned

Answer: (A)

Double jeopardy attaches in a bench trial at the moment the first witness is sworn. In a nonjury trial, the judge begins evaluating the case once the evidence starts, and the defendant’s risk of conviction is fixed at that point. The other moments don’t start jeopardy for a bench trial: jury trials attach when the jury is sworn, the verdict being read comes after the trial has concluded, and simply being assigned a judge is administrative and does not begin the trial.

Double jeopardy attaches in a bench trial at the moment the first witness is sworn. In a nonjury trial, the judge begins evaluating the case once the evidence starts, and the defendant’s risk of conviction is fixed at that point. The other moments don’t start jeopardy for a bench trial: jury trials attach when the jury is sworn, the verdict being read comes after the trial has concluded, and simply being assigned a judge is administrative and does not begin the trial.