Embracery

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, the offence is regarded as obsolescent [cite book | author=Richardson, P.J. (ed.) | title=Archbold: Criminal Pleading, Evidence and Practice | year=2006 | publisher=Sweet & Maxwell | location=London | id=ISBN 0421-909-20X , 28-47, 28-151] and such misconduct is now more likely to be charged as perverting the course of justice. ["Attorney-General v. Judd" [1995] COD 15, DC]

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.

ee also

*Jury tampering

References

Bibliography

*1911


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Look at other dictionaries:

  • embracery — em·brac·ery /im brā sə rē/ n pl er·ies: an attempt to influence a jury corruptly Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. embracery …   Law dictionary

  • Embracery — Em*bra cer*y, n. (Law) An attempt to influence a court, jury, etc., corruptly, by promises, entreaties, money, entertainments, threats, or other improper inducements. [1913 Webster] …   The Collaborative International Dictionary of English

  • embracery — [em brā′sər ē] n. [ME embracerie: see EMBRACE2] Law an illegal attempt to influence or instruct a jury …   English World dictionary

  • Embracery — The attempt to influence a jury or a member of a jury illicitly. Bribery was a form of embracery. [< AnNor., OldFr. embraseor = instigator] Cf. Champerty …   Dictionary of Medieval Terms and Phrases

  • embracery — noun (plural eries) Etymology: Middle English, from Anglo French embraceour Date: 15th century an attempt to influence a jury corruptly …   New Collegiate Dictionary

  • embracery — /em bray seuh ree/, n., pl. embraceries. Law. an attempt to influence a judge or jury by corrupt means, as by bribery, threats, or promises. Also, imbracery. [1400 50; late ME embracerie. See EMBRACE2, ERY] * * * …   Universalium

  • embracery — noun An attempt to bribe or illegally influence a jury or member of a jury …   Wiktionary

  • Embracery —    see Livery and Maintenance …   Encyclopedia of the Wars of the Roses

  • embracery — n. attempt to sway the opinion of a judge or jury through bribery or threats …   English contemporary dictionary

  • embracery — em·brac·ery …   English syllables

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