Recognizance Meaning: Definition, Examples, and Translations
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recognizance
[rɪˈkɒɡnɪzəns ]
Definition
legal context
Recognizance is a legal term that refers to an obligation entered into before a court, in which a person agrees to perform a specific act or to ensure their own appearance in court. This process is often seen in criminal cases, where defendants may be released from custody on their own recognizance, which means they promise to return for their court dates without the requirement to post bail. A recognizance may also involve certain conditions, such as keeping the peace or not committing further offenses. Failure to comply with the terms of a recognizance can result in legal consequences, including the issuance of a warrant for arrest.
Synonyms
commitment, obligation, pledge, promise.
Examples of usage
- The judge granted him release on his own recognizance.
- She signed a recognizance to ensure her appearance at trial.
- His recognizance included strict conditions to avoid re-offending.
Translations
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Interesting Facts
Legal Usage
- In legal terms, recognizance is often used as a way to ensure a defendant appears at a future court date without needing bail.
- Failure to comply with a recognizance can result in legal penalties, including arrest or fines.
- Judges frequently issue recognizance agreements in minor offenses to assure compliance while minimizing detention.
Cultural Perspectives
- In various cultures, the concept of making promises or commitments can be seen as a fundamental social contract, demonstrating trust.
- Recognizance agreements reflect a wider cultural importance of individual accountability in civic duties.
- Cultural traditions also share similar practices of acknowledgment and accountability, linking to the idea of moral or social pledges.
Psychology
- The act of making a promise can trigger a sense of responsibility and commitment in individuals, affecting their future behavior.
- Social psychology examines how societal norms influence the likelihood of individuals adhering to their promises or commitments.
- Cognitive dissonance may occur if someone fails to keep a promise, highlighting the internal conflict between their actions and beliefs about integrity.
Historical Significance
- Historically, recognizance has roots in medieval law practices, where individuals would vouch for one another's presence in court.
- In the 13th century, specific recognizance bonds began to formalize the judicial practice of assuring court appearances.
- The evolution of recognizance reflects broader changes in how societies approach accountability and justice.
Origin of 'recognizance'
Main points about word origin
- The word comes from the Middle English term 'recognizance' which means 'acknowledgment'.
- It is derived from the Old French 'Reconnaissance', which relates to recognition and acknowledgment.
- The root Latin word 'recognoscere' means 'to recognize', emphasizing the idea of acknowledging a responsibility.
The term 'recognizance' originates from the Middle English word 'recongnissance,' which itself comes from Old French 'reconnaissance,' meaning 'recognition' or 'acknowledgment.' The roots of the word can be traced back to the Latin word 'recognoscere,' where 're-' means 'again' and 'cognoscere' means 'to know.' In a legal context, the word evolved to signify a formal acknowledgment of a duty or obligation to the court. Historically, the practice of recognizance emerged as a means to allow individuals charged with offenses to maintain their liberty while ensuring that they would return to face justice. Through various modifications in legal systems, the use and application of recognizance have been shaped by the need to balance the rights of the accused with the responsibilities towards the legal process.