In a jury trial, when does jeopardy attach?

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

Jeopardy attaches in a jury trial when the jury is sworn in. This is a critical moment because it signifies the official start of the trial process, during which the defendant is put at risk of conviction. Once the jury is sworn in, the legal protections against double jeopardy come into play, meaning that the defendant cannot be tried again for the same offense if acquitted or convicted. This principle is rooted in the Fifth Amendment of the U.S. Constitution, which aims to protect individuals from the stress and potential unfairness of multiple trials for the same crime. By understanding that jeopardy attaches at this point, it's clear that the rights and protections for defendants are firmly established. The other options, including when charges are filed, when a verdict is reached, and when evidence is presented, do not represent the moment when jeopardy legally attaches, as those events occur at different stages in the judicial process without implication of jeopardy for the defendant.

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