Question

When does jeopardy attach in a jury trial?

a) Upon the indictment
b) At the arraignment
c) When the jury is sworn
d) After the closing arguments

Answer 1

Jeopardy attaches in a jury trial when the jury is sworn in. Correct option is c.

Step-by-step explanation:

In a jury trial, jeopardy attaches when the jury is sworn in. This means that jeopardy, which refers to the risk of conviction and punishment, starts when the jurors take an oath or affirmation to fairly and impartially consider the evidence presented and reach a verdict.

For example, in the trial process, after the lawyers make their opening arguments and witnesses testify, and just before the jury enters the jury room for deliberations, the judge instructs the jury on the law and their duty. At this point, jeopardy has attached and the jury holds the decision-making power to determine the defendant's guilt or innocence.