The accused is placed in jeopardy (i.e., jeopardy attaches) when:

Question

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Jeopardy attaches when the trial begins, i.e., when the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony. This is because once the trial starts, the defendant is exposed to the risk of conviction and punishment. Indictment and arraignment are formalities that do not expose the defendant to such risk, and the verdict comes after the trial has already started.

The Accused Is Placed in Jeopardy (I