{"id":13812,"date":"2018-02-13T18:22:43","date_gmt":"2018-02-13T18:22:43","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13812"},"modified":"2018-02-14T21:10:50","modified_gmt":"2018-02-14T21:10:50","slug":"recognizance","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13812","title":{"rendered":"Recognizance – a person’s bond or obligation to the court to appear in court to enter a plea or stand trial in a criminal case"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Stages of a Criminal Proceedings<\/a> >>>> Bail<\/a>:
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recognizance<\/span>:<\/span><\/strong>
\n(14c)<\/span><\/p>\n

1. A bond<\/a> or obligation<\/a>, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specifically, an in-court acknowledgment of an\u00a0 obligation<\/a> in a penal sum<\/a>, conditioned on the performance or nonperformance of a particular act.\u00a0 *\u00a0 Most commonly, a recognizance takes the form of a bail bond<\/a> that guarantees an unjailed criminal defendant’s return for a court date<\/strong> <the defendant was released on his own recognizance>.<\/strong>\u00a0 See RELEASE ON RECOGNIZANCE. [1]<\/span><\/p>\n

1. An obligation<\/a> entered into before a court of record or duly authorized magistrate, containing a condition to do some particular act, usually to appear and answer a criminal accusation.\u00a0 A term used interchangeably with bail bond<\/a> in many statutes and court opinions. 8 Am J2d Bail \u00a7 2<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A person’s obligation<\/a> to the court to appear in court or to return to court to enter a plea<\/a> or to stand trial in a criminal case.\u00a0 It may take the form of a bail bond<\/a> or an OR bond<\/span>.<\/strong> [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from William R. Anson, Principles of the Law of Contract 80-81 (Arthur L. Corcin ed, 3d Am. ed. 1919):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “Recognizances are aptly described as ‘contracts made with the Crown in its judicial capacity.’\u00a0 A recognizance is a writing acknowledged by the party to it before a judge or officer having authority for the purpose, and enrolled in a court of record.\u00a0 It usually takes the form of a promise, with penalties for the breach of it, to keep the peace, to be of good behavior, or to appear at the assizes.<\/span>“<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from 1 Samuel Williston, A treatise on the Law of Contract \u00a7 6, at 18 (Walter H.E. Jaeger ed., 3d ed. 1957):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 “A recognizance is an acknowledgement of an obligation in court by the recognizor binding him to make a certain payment subject to the condition that the performance of a specified act the obligation<\/a> shall be discharged.<\/span>“<\/span><\/strong><\/p>\n

personal recognizance<\/span>:<\/span>
\n<\/strong>(18c)<\/span><\/p>\n

1. The release of a defendant in a criminal case in which the court takes the defendant’s word that he or she will appear for a scheduled matter or when told to appear.\u00a0 *\u00a0 This type of release dispenses with the necessity of the person’s posting money or having a surety sign a bond<\/a> with the court.<\/span><\/strong><\/p>\n

2.<\/strong> See bail bond<\/em>. [1]<\/span><\/p>\n

recognizor <\/span>–<\/strong> (16c) Someone who is obligated under a recognizance; one who is bound by a recognizance.<\/strong> \u2014 aka recognitor<\/span><\/strong><\/em>.<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 Excerpt from John Indermaur, Principles of the Common law 8 (Edmund H. Bennett ed., 1st Am. ed. 1878):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “A recognizance is an acknowledgement upon record of a former debt, and he who so acknowledges such debt to be due is termed the recognizor, and he to whom or for whose benefit he makes such acknowledgement is termed the recognizee.<\/span>“<\/span><\/strong><\/p>\n

recognizee <\/span>–<\/strong> (16c) 1. A person in whose favor a recognizance is made; one\u00a0 to whom someone is bound by a recognizance.<\/strong> [1]<\/span><\/p>\n

OR bond<\/span>:<\/span><\/strong><\/span><\/p>\n

1. Abbreviation for own recognizance, it means “own bond” and relates to the circumstance in which a judge releases a criminal defendant on his promise to return to court for trial, rather than compelling him to post a bail bond<\/a>.\u00a0 OR release is also referred to as release on his own recognizance or ROR, personal recognizance, or OR bond.<\/strong> [3]<\/span><\/p>\n

penal sum<\/span><\/a> – the monetary amount specified as a penalty in a penal bond<\/a>.<\/span><\/strong><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

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