What is "recognizance"

Recognizance \Re*cog"ni*zance\ (r[-e]*k[o^]g"n[i^]*zans or r[-e]*k[o^]n"[i^]-), n. [F. reconnaissance, OF. recognoissance, fr. recognoissant, p. pr. of recognoistre to recognize, F. reconna[^i]tre, fr. L. recognoscere; pref. re- re- + cognoscere to know. See Cognizance, Know, and cf. Recognize, Reconnoissance.] [Written also recognisance.]

1. (Law)

   1. An obligation of record entered into before some court of record or magistrate duly authorized, with condition to do some particular act, as to appear at the same or some other court, to keep the peace, or pay a debt. A recognizance differs from a bond, being witnessed by the record only, and not by the party's seal.

   2. The verdict of a jury impaneled upon assize.
      --Cowell.

      Note: Among lawyers the g in this and the related words (except recognize) is usually silent.

2. A token; a symbol; a pledge; a badge.

   That recognizance and pledge of love Which I first gave her.
   --Shak.

3. Acknowledgment of a person or thing; avowal; profession; recognition.

early 14c., reconisaunce, "a bond acknowledging some obligation binding one over to do some particular act," from Old French reconissance "acknowledgment, recognition" (12c., Modern French reconnaissance), from reconoiss-, present participle stem of reconoistre (see recognize). Related: Recognizant.

n. 1 (context legal English) a form of bail; a promise made by the accused to the court that he/she will attend all required judicial proceedings and will not engage in further illegal activity or other prohibited conduct as set by the court. 2 A token; a symbol; a pledge. 3 acknowledgment of a person or thing; avowal; profession; recognition

n. (law) a security entered into before a court with a condition to perform some act required by law; on failure to perform that act a sum is forfeited [syn: recognisance]

In some common law nations, a recognizance is a conditional obligation undertaken by a person before a court. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. The concept of a recognizance exists in Scotland, Hong Kong, Canada and the United States. People who are released on their own recognizance are subject to appearing before a judge on a certain day in the near future.

Recognizances are most often encountered regarding bail in criminal cases. In the United States, by filing a bail bond with the court, the defendant will usually be released from imprisonment pending a trial or appeal. If the defendant is released without bail having been set, the defendants are released "on their own recognizance". Release on recognizance is sometimes abbreviated as RoR, OR (Own Recognizance, particularly in the United States), or PR (Personal Recognizance).