View source for Embracery

{{Short description|Attempt to corrupt a juror}}
{{Use dmy dates|date=June 2019}}
{{Use British English|date=June 2019}}
In [[common law]], '''embracery''' is the attempt to influence a [[juror]] [[Political corruption|corruptly]] to give their [[verdict]] in favour of one side or the other in a [[trial (law)|trial]].  This may be by promise, persuasions, entreaties, money, entertainments and the like.<ref name=EB1911>{{EB1911 |wstitle=Embracery |volume=9 |page=309 |inline=1}}</ref>

==Early English law==
In [[English law]], embracery was an offence both at [[common law]] and by [[statute]], punishable by [[fine (penalty)|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 (law)|evidence]] or otherwise. The person making the attempt, and any member of the jury who consents, are equally punishable.<ref name=EB1911/>

The legal term "embracery" comes from the [[Old French]] {{lang|fro|embraseour}}, an embracer, i.e., one who excites or instigates, literally one who sets on fire, from {{lang|fro|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 Language|French]] {{lang|fr|embracer}},  from [[Latin language|Latin]] {{lang|la|bracchia}}, arms.<ref name=EB1911/>

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]]. This changed in 1670 with ''[[Bushel's Case]]'', in which the Court of Common Pleas held that a jury could not be held accountable for its verdict. The [[Juries Act 1825]], in abolishing the by then almost obsolete 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<ref>''R v Baker'' 113, CCC Sess Pap 374</ref> it was stated that no precedent could be found for the [[indictment]]. The defendant was fined £200 ({{inflation|UK|200|1891|fmt=eq|cursign=£|r=-3}}{{inflation/fn|UK}}), afterwards reduced to £100.<ref name=EB1911/>

==Modern usage==
By 2010 the offence was regarded as obsolete<ref>{{cite book|editor-last=Richardson|editor-first=P. J.|title=Archbold: Criminal Pleading, Evidence and Practice|year=2006|publisher=Sweet & Maxwell|location=London|isbn=0-421-90920-X}}, 28-47, 28-151</ref> and such misconduct more likely to be [[criminal charge|charge]]d as [[perverting the course of justice]].<ref>''Attorney-General v. Judd'' [1995] COD 15, DC</ref> The last conviction for embracery in the UK was at Caernarvon [[Crown Court]] in November 1975 but it was quashed by the Court of Appeal the following year on the initiative of [[Frederick Lawton (judge)|Lord Justice Lawton]],<ref>''R v. Owen'' [1976] 3 All ER 239</ref> who said that the offence was obsolete.

The offence was abolished by section 17 of the [[Bribery Act 2010]],<ref>[http://www.legislation.gov.uk/ukpga/2010/23/contents Bribery Act 2010] on legislation.gov.uk.</ref> as from 1 July 2011.<ref>[http://www.legislation.gov.uk/uksi/2011/1418/made Bribery Act 2010 (Commencement) Order 2011, SI 2011 No. 1418]</ref><ref>{{cite BAILII |litigants =Solicitor General v Warner |court=EWHC |division=KB |year=2024 |num=918 |date=22 April 2024 |courtname=[[High Court of Justice]] |juris=England and Wales}}</ref>

In the United States, embracery prosecutions have occurred as recently as 1989, when a county commissioner in [[Georgia (U.S. state)|Georgia]] was sentenced to a fine and probation.<ref>''Calhoun Times''. [https://news.google.com/newspapers?nid=375&dat=19880608&id=62UwAAAAIBAJ&sjid=YjwDAAAAIBAJ&pg=2385,8899158 "Embracery Case Politically Motivated, Sutherland Says"]. 8 June 1988, pp. 1A, 2A. Retrieved on 25 June 2013.</ref><ref>''Calhoun Times and Gordon County News''. [https://news.google.com/newspapers?nid=2213&dat=19890715&id=l0xOAAAAIBAJ&sjid=ZzwDAAAAIBAJ&pg=5552,826529 "Sutherland Resigns from Board: Gets Probation in Embracery Case"]. 15 July 1989, pp. 1, 3. Retrieved on 25 June 2013.</ref>

==See also==
*[[Jury tampering]]

==References==
<references/>

{{History of English criminal law}}

[[Category:Crimes]]
[[Category:Legal history of England]]
[[Category:Medieval English court system]]
[[Category:English criminal law]]
[[Category:Common law offences in England and Wales]]