Embracery
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Embracery
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, embracery was an offence both at common law and by statute, punishable by 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 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 ''embracer'', from Latin ''bracchi ...
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Writ Of Attaint
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial. In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party. The correctness of the verdict would be determined by a body known as the grand jury of attaint. This panel, consisting of twenty-four members, was twice the size of a normal trial jury. The party bringing the attaint could introduce only the same evidence that was originally given at trial while the jury whose verdict was questioned was allowed to present new matter. If it were found that an erroneous verdict had been given, the wrong was redressed, and the original jury was punished. The punishment inflicted was quite severe; at the common law, the judgement was: However, during the reign of Henry VIII, Parliament passed an act reducing the punishment to perpetual infamy and a fine. In criminal cases, it appears to have become obs ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ...
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Medieval English Court System
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Roma ...
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Legal History Of England
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ...
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Crimes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Jury Tampering
Jury tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial (law), trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected, jurors could be bribed or intimidated to act in a certain manner on duty. It could also involve making unauthorized contact with them for the purpose of introducing prohibited outside information and then arguing for a mistrial (law), mistrial. In the United States, people have also been charged with jury tampering for handing out pamphlets and flyers indicating that jurors have certain rights and obligations, including an obligation to Jury nullification, vote their conscience notwithstanding the instructions they are given by the judge. Republic of Ireland In the Republic of Ireland, the Special Criminal Court is a three-judge, juryless court which tries cases based on a ...
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Georgia (U
Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the country in the Caucasus ** Kingdom of Georgia, a medieval kingdom ** Georgia within the Russian Empire ** Democratic Republic of Georgia, established following the Russian Revolution ** Georgian Soviet Socialist Republic, a constituent of the Soviet Union * Related to the US state ** Province of Georgia, one of the thirteen American colonies established by Great Britain in what became the United States ** Georgia in the American Civil War, the State of Georgia within the Confederate States of America. Other places * 359 Georgia, an asteroid * New Georgia, Solomon Islands * South Georgia and the South Sandwich Islands Canada * Georgia Street, in Vancouver, British Columbia, Canada * Strait of Georgia, British Columbia, Canada United K ...
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Bribery Act 2010
The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The Act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf. The penalties for committing a crime under the Act are a maximum of 10 years' imprisonment, along with an unlimited fine, and the potential for the confiscation of property under the Proceeds of Crime Act 2002, as well as the disqualification of directors under the Company Directors Disqualification Act 1986. The Ac ...
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Frederick Lawton (judge)
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986. Early life and career Frederick Lawton was born in Wandsworth, London, the son of William John Lawton and Ethel, ''née'' Hanley. His father, a former insurance agent, had joined the Prison Service, and became Governor of Wandsworth Prison, the first prison governor to rise from the ranks. He was educated at Battersea Grammar School and then at Corpus Christi College, Cambridge, where he took first-class honours in part one of the History tripos and an upper second-class honours in part two of the Law tripos. After flirting with Communism there, Lawton joined the British Union of Fascists and founded the Cambridge University Fascist Association. Early legal career Lawton was called to the bar at the Inner Temple in 1935, and joined the chambers of Norman Birkett — 1 Brick Court. As a junior barrister, he defended ...
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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' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales. The administration of the Crown Court is conducted by the Her Majesty's Courts and Tribunals Service, Courts and Tribunals Service (HMCTS). Previously conducted across six circuits (Midlands, Midland, Northern Circuit, Northern, North East England, North Eastern, South Eastern Circuit, South Eastern, Wales & Chester and Western Circuit, Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Go ...
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Perverting The Course Of Justice
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Hong Kong, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law. England and Wales Doing an act tending and intending to pervert the course of public justice is an offence under the common law of England and Wales. Perverting the course of justice can be any of three acts: * Fabricating or disposing of evidence * Intimidating or threatening a witness or juror * Intimidating or threatening a judge Also criminal are: # conspiring with another to pervert the course of justice, and # intending to p ...
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