Also known as: empanelled and sworn · empaneled & sworn · empanelled & sworn · jury empaneled · sworn jury
Written by attorneys · grounded in primary & secondary sources — see below
The procedural point in a jury trial at which the selected jurors take their oath. This moment triggers attachment of jeopardy under the Double Jeopardy Clause.
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Edward Everett faced fraud charges in state court. After the court selected and swore the jury, the prosecutor's key expert fell ill and could not testify. The judge discharged the jury over Edward's objection and scheduled a new trial. Edward moved to dismiss on double jeopardy grounds because the jury had already been empaneled and sworn.
Elise Everly stood trial for assault. Prospective jurors were questioned and seated in the box, but the judge never administered the oath. A subpoenaed witness failed to appear, prompting the judge to declare a mistrial over Elise's objection. The state sought to retry her on the same charges.
Jeopardy attaches when the jury is empaneled and sworn. This point marks the start of the defendant's exposure to conviction and limits the state's ability to retry the same offense.
Supporting sources
No. The oath is required along with empanelment. Selection alone leaves the state free to retry the defendant if the trial ends before swearing occurs.
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Only if manifest necessity exists or the defendant consents. Absent those conditions, the Double Jeopardy Clause bars retrial once the jury has been empaneled and sworn.
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…and applicability. See In re Bevill, Bresler & Schulman Asset Management Corp. , 805 F.2d 120, 124 (3d Cir.1986); In re Grand Jury Empaneled Feb. 14, 1978 , 603 F.2d 469, 474 (3d Cir.1979). We note, in addition, that the existence and applicability of a privilege may be undermined by the presumption, rebuttable by the party…