Bench trials double jeopardy attaches when?

Bench trials double jeopardy attaches when?

• A. When the first witness is sworn in
• B. When the jury is sworn in
• C. At arraignment
• D. At verdict

Answer: (A)

In a bench (nonjury) trial, jeopardy attaches when the trial actually begins to hear and receive evidence—the moment the first witness is sworn and testimony starts. This is the point at which the defendant’s risk of conviction is formalized by the court’s consideration of the case. The other moments don’t apply to bench trials: a jury, if present, is sworn at a different time, and arraignment happens before any trial and its evidence; the verdict comes only after the trial has concluded.

In a bench (nonjury) trial, jeopardy attaches when the trial actually begins to hear and receive evidence—the moment the first witness is sworn and testimony starts. This is the point at which the defendant’s risk of conviction is formalized by the court’s consideration of the case. The other moments don’t apply to bench trials: a jury, if present, is sworn at a different time, and arraignment happens before any trial and its evidence; the verdict comes only after the trial has concluded.