Embracery is a word that can often trip up even the most seasoned of English speakers. The correct spelling is e-m-b-r-a-c-e-r-y, with the emphasis on the second syllable. The IPA phonetic transcription of the word is ɛmˈbreɪsəri. The spelling might seem complex, but it is actually fairly straightforward once you break it down. The prefix "em-" means "to take on" or "to cover", while "-bracery" is derived from the word "brace", meaning "to constrict". Together they form a noun meaning to unlawfully influence a jury or witness.
Embracery is a legal term that primarily refers to the act of corruptly influencing a jury or a juror with the intention of perverting the course of justice. It involves attempting to unlawfully sway the opinions, decisions, or actions of the jurors in a criminal or civil trial through bribery, coercion, threats, promises, or other forms of improper influence. Embracery is considered a serious offense that undermines the fairness and impartiality of the judicial system.
The term "embracery" has its origins in the medieval English legal system, where jurors were selected by local officials or barons. In those times, influential individuals could corruptly influence the choice of jurors, leading to unjust outcomes in legal proceedings. Over time, as legal systems evolved and juror selection became more regulated, the term embraced a narrower meaning, focusing primarily on influencing jurors after they were chosen for a trial.
While embracery is not as commonly encountered in modern legal systems, it still holds significance as an offense that can lead to mistrials or wrongful acquittals or convictions. Legal systems around the world have strict laws and regulations in place to prevent and penalize embracery, punishing those who attempt to corruptly influence the impartiality of jurors with fines, imprisonment, or both.
In summary, embracery is the act of corruptly influencing a jury or a juror with the motive of wrongly influencing the outcome of a trial, thereby undermining the integrity and fairness of the legal process.
In law, an attempt to corrupt a jury to one side by promises of money and the like.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "embracery" has its roots in Middle English and comes from the Old French word "embraser", meaning "to burn" or "to set on fire". In the legal context, "embracery" first emerged in the mid-15th century, referring to the act of trying to corruptly influence a juror or a witness through bribery, threats, or intimidation. This usage likely evolved from the metaphorical sense of setting fire to someone's integrity or impartiality, thus tainting the legal process. Over time, "embracery" became a specialized term in English law to describe such corrupt practices.