Embracery is a common law offense consisting of a corrupt attempt to influence a juror's verdict in favor of one side of a trial, whether the attempt takes the form of a promise, a threat, a bribe, an entreaty, or an entertainment offered to sway the juror's judgment. It survives today mainly as a historical charge, largely absorbed into modern statutes against jury tampering and obstruction of justice.
Facts
Classification CodeA statutory offense in England dating to 1360; retained as an exception when the Juries Act 1825 abolished writs of attaint (section 61); abolished in England and Wales by section 17 of the Bribery Act 2010, effective 1 July 2011; survives as a common law offense in Victoria, Australia, expressly preserved by the Juries Act 2000. 1 Typical PenaltyOriginally punishable by fine and imprisonment; an 1891 case saw a defendant fined 200 pounds, later reduced to 100 pounds; Victoria, Australia currently punishes it with imprisonment for up to 15 years. 1 Elements of OffenseEmbracery is the attempt to influence a juror corruptly to give a verdict in favor of one side, by promise, persuasion, entreaty, money, or entertainment; the offense is complete whether or not a verdict is given and regardless of whether the verdict matches the evidence, and a consenting juror is equally punishable. 1 Notable ExampleA Georgia county commissioner was sentenced to a fine and probation in a 1989 embracery prosecution in the United States; the last UK conviction, at Caernarvon Crown Court in November 1975, was quashed by the Court of Appeal the following year as obsolete. 1 Jurisdiction VariationAbolished in England and Wales in 2011 as obsolete; still an active common law offense in Victoria, Australia with a maximum term of 15 years; still prosecuted occasionally in parts of the United States, such as Georgia, as recently as 1989. 1 Classification
Offense GradeSerious or Indictable Offense 1 In the Other Atlases
- Also in Geography Atlas: Australia, found in there.
- Also in Geography Atlas: Europe, found in there.
- Also in Geography Atlas: North America, found in there.
Sources
1. Embracery (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Embracery, lead paragraph
In 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.
Wikipedia, Modern usage section
The offence was abolished by section 17 of the Bribery Act 2010, as from 1 July 2011.
Wikipedia, lead paragraph, second sentence
This may be by promise, persuasions, entreaties, money, entertainments and the like.
Wikipedia, Early English law section, 1891 case
The defendant was fined £200 (equivalent to £22,000 in 2025), afterwards reduced to £100.
Wikipedia, Modern usage section, 1989 case
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.
Wikipedia, Modern usage section, Victoria Australia
Embracery remains a common law offence in Victoria, Australia with a maximum term of 15 years expressly preserved by the Juries Act 2000.
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