At what point does jeopardy attach in a jury trial?

Jeopardy attaches in a jury trial when the jury is sworn in. This is a crucial moment in the trial process, as it signifies that the jury is officially constituted and is now tasked with the responsibility of determining the defendant's guilt or innocence. Before this point, the defendant is not yet at risk of being convicted; therefore, the protections afforded by the Double Jeopardy Clause of the Fifth Amendment only come into play once the jury has been sworn in.

Other stages, such as jury selection or when the first witness testifies, do not constitute the start of jeopardy because the trial has not fully commenced in terms of the jury's role in making decisions about the case. Reading the verdict, on the other hand, is a concluding action that occurs after jeopardy has attached, thus does not relate to the initial moment of jeopardy. Understanding this distinction is essential for comprehending the protections against multiple prosecutions for the same offense.