In the
common law, embracery is the attempt to influence a
juror corruptly to give their
verdict in favour of one side or the other in a
trial. This may be by promise, persuasions, entreaties, money, entertainments and the like.
Early English law
In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, embracery was an offence both at
common law and by
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
, punishable by
fine and
imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
. 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
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
or otherwise. The person making the attempt, and any member of the jury who consents, are equally punishable.
[
The legal term "embracery" comes from the Old Fr. ''embraseour'', an embracer, ''i.e.'', one who excites or instigates, literally one who sets on fire, from ''embraser'', to kindle a fire. This is unrelated to the common word "embrace", ''i.e.'', to hold or clasp in the arms, which is from ]French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
''embracer'', from Latin ''bracchia'', arms.[
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 it was stated that no precedent could be found for the indictment. The defendant was fined £200, afterwards reduced to £100.][
]
Modern usage
By 2010 the offence was regarded as obsolete and such misconduct more likely to be charged as perverting the course of justice. The last conviction for embracery in the UK was at Caernarvon Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
in November 1975 but it was quashed by the Court of Appeal the following year on the initiative of Lord Justice Lawton, who said that the offence was obsolete.
The offence was abolished by section 17 of the Bribery Act 2010, as from 1 July 2011.
In the United States, embracery prosecutions have occurred as recently as 1989, when a county commissioner in Georgia was sentenced to a fine and probation.[''Calhoun Times and Gordon County News'']
"Sutherland Resigns from Board: Gets Probation in Embracery Case"
15 July 1989, pp. 1, 3. Retrieved on 25 June 2013.
See also
* Jury tampering
References
{{History of English criminal law
Crimes
Legal history of England
Medieval English court system
English criminal law
Common law offences in England and Wales