More Categories

Section 972.07 – Jeopardy

May 14, 2021 | Criminal Procedure, Wisconsin

Jeopardy attaches:

(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.

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 (1978).

Wis. Stat. ยง 972.07

See also the notes to Article I, section 8, of the Wisconsin Constitution.