Attachment of jeopardy

courtmartialdefenselawyer283Trial by Military Judge Alone

  1. Jeopardy attaches after an accused has been arraigned, has pleaded, and the court has begun to hear evidence.
  • Trial by Members
    1. Jeopardy attaches after the introduction of evidence, per Article 44, UCMJ.
      1. Note: in civilian courts, when a case is tried before a jury, jeopardy attaches when the jury is impaneled and sworn.
        See Crist v. Bretz, 437 U.S. 28, 35 (1978)
      2. For a discussion of the differences between the military and civilian standards and the rationale for those differences, seeĀ United States v. Easton, 71 MJ ___ (CAAF 2012) (case No. 12-0053/AR).