EMBRACERY
The crime of attempting to influence a jury corruptly to one side or the other by promises, persuasions, entreaties, entertainments, and the like. The person guilty of it is called an embraceor. This is both a state and federal crime, and is commonly
included under the offense of obstructing justice.
In order for the offense of embracery to be
committed, it is essential that the accused indi-
vidual have an improper intent. If an individual
makes statements that would be likely to influ-
ence the verdict of a juror while the individual is
unaware that such juror is present, such conduct
is not embracery.
It is not generally a prerequisite for the juror
to have been impaneled and sworn, provided the
person’s name has been drawn and published as
a juror or grand juror.
The intent to influence a juror must be cou-
pled with an attempt to use improper influence,
which can be through word or conduct and is
the only OVERT ACT necessary. The juror can
either be approached personally by the individ-
ual or through an agent. Words intended to
influence a juror need not be spoken to the per-
son directly but can be communicated in a man-
ner designed to be overheard by the juror and
prejudice his or her decision.
A party to the action, an individual under-
going GRAND JURY investigation, a witness, or an
individual who has no connection with the pro-
ceeding can be charged with embracery.
Since the crime of embracery itself only con-
stitutes an attempt, there is no such crime as the
attempt to commit embracery. It is, however, a
crime to solicit another to commit embracery.
Embracery is punishable by a fine, impris-
