embracery

(ĕm-brā'sə-rē)
n., pl., -ies.
An attempt to corrupt a jury, as with bribery.

[Middle English embracerie, from embracen, to influence a jury by illegal means, to embrace. See embrace.]

or imbracery

(em-BRAY-suh-ree)

noun
An attempt to influence a jury illegally as by bribery, threats, or promises. One guilty of embracery is known as an embraceor.

Etymology
From Middle English embracerie, ultimately from em- + brace (the two arms).

Usage
"A Columbia County man pleaded guilty Thursday to a charge of embracery, an illegal attempt to influence a juror, in his drunken-driving trial." — Mayor's Bucks Back Skyfest; Augusta Chronicle (Georgia); Sep 27, 2002.

"Further, every night the non-sequestered civil jury went home where they were exposed to the local and nationally syndicated radio and television talk shows and also the Los Angeles Times... is a form of embracery, the act of attempting to influence a juror or jury in its most high-tech form." — Dennis Schatzman; Race, Media, American Law and O.J. Simpson; Sentinel (Los Angeles, California); Apr 30, 1997.

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This entry contains information applicable to United States law only.

The crime of attempting to influence a jury corruptly to one side or the other by promises, persuasions, entreaties, entertainments, and the like. The person guilty of it is called an embraceor. This is both a state and federal crime, and is commonly included under the offense of obstructing justice.

In order for the offense of embracery to be committed, it is essential that the accused individual have an improper intent. If an individual makes statements that would be likely to influence the verdict of a juror while the individual is unaware that such juror is present, such conduct is not embracery.

It is not generally a prerequisite for the juror to have been impaneled and sworn, provided the person's name has been drawn and published as a juror or grand juror.

The intent to influence a juror must be coupled with an attempt to use improper influence, which can be through word or conduct and is the only overt act necessary. The juror can either be approached personally by the individual or through an agent. Words intended to influence a juror need not be spoken to the person directly but can be communicated in a manner designed to be overheard by the juror and prejudice his or her decision.

A party to the action, an individual undergoing grand jury investigation, a witness, or an individual who has no connection with the proceeding can be charged with embracery.

Since the crime of embracery itself only constitutes an attempt, there is no such crime as the attempt to commit embracery. It is, however, a crime to solicit another to commit embracery.

Embracery is punishable by a fine, imprisonment, or both, depending upon statute.

an attempt to corruptly influence a jury

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