Allocution is a formal statement made to the court by a defendant who has been found guilty prior to being sentenced. It is part of the criminal procedure in some jurisdictions using common law. Allocution allows the defendant to explain why the sentence should be lenient. In plea bargains, an allocution may be required of the defendant. The defendant explicitly admits specifically and in detail the actions and their reasons in exchange for a reduced sentence. The term "allocution" is used generally only in jurisdictions in the United States, but there are vaguely similar processes in other common law countries.
In most of the United States, defendants are allowed the opportunity to allocute before a sentence is passed. During the address, the judge speaks directly to the defendant and asks if the defendant has anything to say. Allocution statements provide an opportunity for defendants to accept responsibility, humanize themselves, and to mitigate their sentences to ensure that their punishment is appropriate for both the crime and the person who committed it.
Allocution rights appear at the state level, though they vary across jurisdictions. Likewise, the protocols for delivering the statement might vary between being written or spoken. In federal court, allocution is discussed in Rule 32(i)(4) of the Federal Rules of Criminal Procedure, providing an “opportunity to speak” prior to sentencing. The court must provide not only the defendant, but also the defendant’s lawyer and the government’s lawyer, with opportunities for allocution.
An allocution has several meanings:
- An allocution is the process by which a guilty plea is made and accepted in a criminal case. The judge poses a series of questions to determine whether the Defendant understands the consequences of the plea bargain and determines whether the Defendant has entered the plea under his own free will.
- An allocution is the Defendants personal statement prior to sentencing. For example, after the Prosecution and the Defense have both presented their cases, the judge will ask the Defendant whether he has anything further to say. Depending on what the Defendant says, the allocution can mitigate the sentence (make it less severe).
- An allocution is the victims explanation of the ways in which the crime has impacted his or her life. This is also referred to as a “Victims Impact Statement.”
In summary, allocution is a formal statement made by a defendant who has been found guilty prior to being sentenced. It allows the defendant to explain why the sentence should be lenient and is part of the criminal procedure in some jurisdictions using common law. The defendant explicitly admits specifically and in detail the actions and their reasons in exchange for a reduced sentence. The term "allocution" is used generally only in jurisdictions in the United States, but there are vaguely similar processes in other common law countries.