who makes the first opening statement in a jury trial
Opening statement Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case. Few take this option, however, so as not to allow the other party's argument to stand uncontradicted for so long.
History of trial by jury in England In the 12th century, Henry II took a major step in developing the jury system. Henry set up a system to resolve land disputes using juries. A jury of twelve free men were assigned to arbitrate in these disputes. Unlike the modern jury, these men were charged with uncovering the facts of the case on their own rather than listening to arguments in court. Henry also introduced what is now known as the "grand jury", through his Grand Assize. Under the assize, a jury of free men was charged with reporting any crimes that they knew of in their hundred to a "justice in eyre," a judge who moved between hundreds on a circuit. A criminal accused by this jury was given a trial by ordeal. Under the jury, the chances of being found guilty were much lower, as the king did not choose verdict (or punishment).