When does jeopardy attach in a jury trial?

In a jury trial, jeopardy attaches when the jury is sworn in. This establishes the formal beginning of the trial process, indicating that the defendant is now under the threat of conviction for the charges against them. Once the jury is sworn, they become the fact-finders responsible for determining the merits of the case, and the defendant's rights become fully engaged within the judicial process.

The significance of this point in time lies in the legal principle that, from this moment onward, the defendant has a right to protection from being tried for the same offense again if the trial is terminated without a verdict or if the jury is unable to reach a unanimous decision, due to principles such as double jeopardy. Prior to the jury being sworn in, such protections do not fully apply, as the case is still in pre-trial stages, and procedural matters can still be resolved. Other options depict moments in the trial that do not yet carry the same legal weight regarding the protection of the defendant's rights against retrial.