
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.]
| Dictionary: em·brac·er·y |

[Middle English embracerie, from embracen, to influence a jury by illegal means, to embrace. See embrace.]
| 5min Related Video: embracery |
| Wordsmith Words: embracery |
(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).
| Law Encyclopedia: Embracery |
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.
| Obscure Words: embracery |
| Wikipedia: Embracery |
Embracery is the attempt to influence a juror corruptly to give his verdict in favour of one side or the other in a trial, by promise, persuasions, entreaties, money, entertainments and the like.
In English law, it was an offence both at common law and by statute, punishable by fine and imprisonment. As a statutory offence it dates back to 1360. The offence is complete, whether any verdict has been given or not, and whether the verdict is in accordance with the weight of evidence or otherwise. The person making the attempt, and any juryman who consents, are equally punishable.
The false verdict of a jury, whether occasioned by embracery or otherwise, was formerly considered criminal, and jurors were severely punished, being proceeded against by writ of attaint. The Juries Act 1825, in abolishing writs of attaint, made a special exemption as regards jurors guilty of embracery (s.61). Prosecution for the offence has been so extremely rare that when a case occurred in 1891 (R v Baker 113, Cent. Crim. Ct. Sess. Pap. 374) it was stated that no precedent could be found for the indictment. The defendant was fined £200, afterwards reduced to £100.
As of 2006[update], the offence is regarded as obsolescent[1] and such misconduct is now more likely to be charged as perverting the course of justice.[2]
The word embracery comes from the Old Fr. embraseour, an embracer, ie one who excites or instigates, literally one who sets on fire, from embraser, to kindle a fire; "embrace," ie to hold or clasp in the arms, is from French embracer, Latin and bracchia, arms.
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
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