Double jeopardy attaches in a jury trial when the jury is sworn in.

Double jeopardy attaches in a jury trial when the jury is sworn in.

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

Answer: (A)

Double jeopardy protects against being tried again after the start of the current proceeding. In a jury trial, that moment is when the jury is sworn in, signaling the trial is underway and the defendant’s guilt or innocence will be decided by the jury. From that point, the defendant cannot be retried for the same offense if the trial ends without a proper premise for retry. Arraignment is just bringing the charges and obtaining a plea, so jeopardy hasn’t begun yet. The oath of the first witness happens during the trial but after the jury has been sworn, so jeopardy has already attached. Verdict comes at the end of the trial, by which time jeopardy has already attached and the case is resolved. Therefore, the moment the jury is sworn is the correct trigger.

Double jeopardy protects against being tried again after the start of the current proceeding. In a jury trial, that moment is when the jury is sworn in, signaling the trial is underway and the defendant’s guilt or innocence will be decided by the jury. From that point, the defendant cannot be retried for the same offense if the trial ends without a proper premise for retry. Arraignment is just bringing the charges and obtaining a plea, so jeopardy hasn’t begun yet. The oath of the first witness happens during the trial but after the jury has been sworn, so jeopardy has already attached. Verdict comes at the end of the trial, by which time jeopardy has already attached and the case is resolved. Therefore, the moment the jury is sworn is the correct trigger.