For a bench trial, jeopardy attaches at which point?

• A. When the first witness is sworn.
• B. At the start of the trial.
• C. When the jury is selected.
• D. When the court accepts a plea.

Answer: (A)

Jeopardy in a bench trial begins when the evidentiary phase starts, which is the moment the first witness is sworn. Since there is no jury, the proceeding isn’t considered to have begun for jeopardy purposes until the court starts hearing evidence. The swearing of the first witness marks that start, after which a conviction, acquittal, or punishment could follow, triggering jeopardy protection.

The other moments described fit jury trials or plea proceedings: jeopardy attaches when the jury is sworn in a jury trial, and jeopardy in a plea scenario attaches when the court accepts a guilty plea.