An allocution, or allocutus, is a formal statement made to a court by the
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
who has been found guilty before being sentenced. It is part of the
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
in some jurisdictions using
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
.
Concept
An allocution allows the defendant to explain why the sentence should be lenient. In
plea bargain A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a ...
s, 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.
In principle, that removes any doubt as to the exact nature of the defendant's guilt in the matter.
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 many other jurisdictions, it is for the
defense lawyer to mitigate on their client's behalf, and the defendant rarely has the opportunity to speak.
Australia
In Australia, the term ''allocutus'' is used by the Clerk of Arraigns or another formal associate of the court.
It is generally phrased as: "Prisoner at the Bar, you have been found Guilty by a jury of your peers of the offence of XYZ. Do you have anything to say as to why the sentence of this Court should not now be passed upon you?"
The
defense counsel will then make a ''plea in mitigation'' (also called ''submissions on penalty'') in an attempt to mitigate the relative seriousness of the offense, and heavily refer to and rely upon the defendant's previous good character and good works, if any.
The right to make a plea in mitigation is absolute: if a judge or magistrate refuses to hear such a plea or does not properly consider it, the sentence can be overturned on appeal.
United States
In most of the United States, defendants are allowed the opportunity to allocute before a sentence is passed. Some jurisdictions hold that as an absolute right. In its absence, a sentence but not the conviction may be overturned, resulting in the need for a new sentencing hearing. In the federal system,
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the F ...
32(i)(4) provides that the court must "address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence".
The
Federal Public Defender recommends that defendants speak in terms of how a lenient sentence will be sufficient but not greater than necessary to comply with the statutory directives set forth in .
See also
*
Confession (law)
*
Newton hearing, the equivalent in England and Wales
References
{{Reflist
Criminal procedure
Evidence law