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.]
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n., pl. -ies.
Law Encyclopedia:
Embracery
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.
Wikipedia:
embracery
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It has been suggested that this article or section be merged with jury tampering. (Discuss) |
Embracery is the attempt to influence a juryman 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, 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 O 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 O Fr. embracer, Latin and bracchia, arms.
See also
References
- ^ Richardson, P.J. (ed.) (2006). Archbold: Criminal Pleading, Evidence and Practice. London: Sweet & Maxwell. ISBN 0421-909-20X. , 28-47, 28-151
- ^ Attorney-General v. Judd [1995] COD 15, DC
Bibliography
- This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.
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Copyrights:
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 | Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved. Read more |
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| Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved. Read more |
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| Obscure Words. © 2008 by Michael A. Fischer http://home.comcast.net/~wwftd. Read more |
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| Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Embracery". Read more |
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