When is jeopardy attached to a jury trial?

When is jeopardy attached to a jury 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 opening statement is made

Answer: (B)

Jeopardy for a jury trial begins at the moment the jury is sworn and empaneled. That oath marks the official start of the trial as far as the defendant’s risk of conviction is concerned, and once it attaches, the defendant cannot be tried again for the same offense after a verdict of acquittal or conviction (subject to limited rules like mistrials or exceptions). The other events listed don’t start jeopardy: opening statements occur after the jury is sworn, the first witness is sworn during the evidence phase, and the verdict is read at the end of the trial.

Jeopardy for a jury trial begins at the moment the jury is sworn and empaneled. That oath marks the official start of the trial as far as the defendant’s risk of conviction is concerned, and once it attaches, the defendant cannot be tried again for the same offense after a verdict of acquittal or conviction (subject to limited rules like mistrials or exceptions). The other events listed don’t start jeopardy: opening statements occur after the jury is sworn, the first witness is sworn during the evidence phase, and the verdict is read at the end of the trial.