Wisconsin Statutes 972.07 – Jeopardy
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Jeopardy attaches:
Terms Used In Wisconsin Statutes 972.07
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) In a trial to the court without a jury when a witness is sworn;
(2) In a jury trial when the selection of the jury has been completed and the jury sworn.
972.07 Annotation The federal rule that jeopardy attaches when the jury is sworn is an integral part of the guarantee against double jeopardy. Crist v. Bretz, 437 U.S. 28, 98 S. Ct. 2156, 57 L. Ed. 2d 24 (1978).