Legal Definitions - jeopardy

In legal terms, jeopardy refers to the specific risk a defendant faces in a criminal trial of being found guilty and subsequently punished. This risk is not present from the moment a person is accused or arrested, but rather "attaches" (begins) at a particular, defined stage of the trial proceedings. In a jury trial, jeopardy attaches once the jury members have been selected and officially sworn in. In a bench trial, where a judge alone decides the case, jeopardy attaches when the first witness is called and takes an oath to provide truthful testimony.

• Example 1: Jury Trial Commencement

  Imagine a scenario where Ms. Chen is accused of embezzlement. After weeks of jury selection, the final twelve jurors and alternates are chosen and formally sworn in by the judge to hear the evidence. At this precise moment, Ms. Chen is considered to be "in jeopardy."

  Explanation: This illustrates that the formal risk of conviction and punishment has begun for Ms. Chen. The trial has officially commenced with the empaneled jury, and she now faces the possibility of a guilty verdict from that jury.

• Example 2: Bench Trial Witness Testimony

  Consider Mr. Davies, who is facing charges for a minor assault and has opted for a bench trial, meaning a judge will decide his guilt or innocence without a jury. During the trial, the prosecution calls the first witness, a police officer, to testify. As the officer raises their hand and takes the oath to tell the truth before speaking, Mr. Davies is now "in jeopardy."

  Explanation: Here, the legal risk for Mr. Davies begins when the judge starts hearing sworn testimony. The trial has formally progressed to the point where evidence is being presented, and the judge can now make a determination of guilt or innocence based on that evidence.

• Example 3: Pre-Trial Dismissal

  Suppose Ms. Rodriguez is arrested and charged with shoplifting. She attends several preliminary hearings and her lawyer files various motions. However, before a jury is selected and sworn in, or before any witness is called to testify in a bench trial, the prosecutor reviews new evidence and decides to dismiss all charges against Ms. Rodriguez. In this situation, Ms. Rodriguez was never "in jeopardy."

  Explanation: Even though Ms. Rodriguez was charged and involved in legal proceedings, the critical point for jeopardy to attach—the empaneled jury or the swearing-in of the first witness—was never reached. Therefore, the formal risk of conviction and punishment in a trial had not yet begun.