In a bench trial, jeopardy attaches when?

Prepare for the SCCJA Cumulative Exam with comprehensive questions, hints, and explanations to ace your exam! Enhance your readiness!

In a bench trial, jeopardy attaches when the first witness is sworn in. This is an important aspect of trial proceedings, as it signifies that the trial is officially underway and that the defendant is in legal jeopardy regarding the charges against them. Jeopardy is a legal term that refers to the danger of conviction and the potential for punishment that the defendant faces. Once the first witness begins to give testimony, the court has commenced its evaluation of the case, and the rights of the defendant become fully engaged.

The other options mention actions related to the legal process, such as filing charges, entering a decision, or the defendant entering a plea, but these do not mark the formal start of the trial where jeopardy is concerned. It is only when the evidence begins to be presented through witness testimony that the risk to the defendant truly begins, making the moment of swearing in the first witness crucial in establishing jeopardy in a bench trial.

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