When does jeopardy typically not attach?

The correct choice indicates that jeopardy typically does not attach in civil proceedings because the principle of double jeopardy, which protects a person from being tried twice for the same offense, only applies in the context of criminal law. In civil cases, parties may be litigating over rights or liabilities, but they are not facing criminal penalties such as incarceration or criminal fines. Therefore, the concept of jeopardy, as it pertains to a person's risk of losing their liberty, does not apply in the same way as it does in criminal proceedings.

In criminal trials, jeopardy attaches when a jury has been sworn in or, in the case of a bench trial, when the first witness is sworn in. This means that the accused is at risk of conviction and potential punishment. In appeals, double jeopardy protections come into play only after the conclusion of the original trial and any related appeals, protecting against retrial for the same crime following a final judgment. Furthermore, during plea bargains, the defendant is negotiating with the prosecution and has not yet gone to trial, so jeopardy has not yet attached in that context either.

Thus, the assertion that jeopardy does not attach in civil proceedings aligns with the legal understanding that these proceedings are distinct from criminal trials and do