ABSTRACT
This chapter outlines what is meant by the constitutional right to trial by jury and to follow up by giving the historical background to the provisions in the Irish Constitution. Article 38 of the Constitution of 1937 is headed, 'Trial of Offences'. It is fairly short and simple. It provides that what we called 'minor offences' may be tried summarily – this refers to the right of a District Justice, sitting without a jury, to try in a summary or fairly informal manner, criminal charges which relate to petty or minor offences. The prisoner could not be tried unless he agreed to this course, and many held out against trial because a guilty verdict could carry with it the forfeiture of all their lands. The US have clung fast to the institution of the trial jury which they inherited from the Common Law, and in fact have retained archaic features which have long since been discarded on the Atlantic.
