Jeopardy attaches for a jury trial at what point?

Jeopardy attaches for a jury trial at what point?

• A. When the jury is empaneled
• B. When voir dire is completed
• C. When the verdict is returned
• D. When the jury is sworn

Answer: (D)

Jeopardy attaches at the moment the jury is sworn in. This oath marks the formal start of the trial—the point at which the defendant is placed at risk by the jury’s verdict and the government’s ability to pursue a conviction or impose punishment begins. Before the jurors are sworn, the proceedings are still in the selection stage (voir dire and empanelment) and the jeopardy protection has not yet attached. The verdict comes after jeopardy has attached, and in a nonjury case, jeopardy would attach when the first witness is sworn.

Jeopardy attaches at the moment the jury is sworn in. This oath marks the formal start of the trial—the point at which the defendant is placed at risk by the jury’s verdict and the government’s ability to pursue a conviction or impose punishment begins. Before the jurors are sworn, the proceedings are still in the selection stage (voir dire and empanelment) and the jeopardy protection has not yet attached. The verdict comes after jeopardy has attached, and in a nonjury case, jeopardy would attach when the first witness is sworn.