Legal Definitions - allocute

Allocute (verb)

To allocute refers to the act of a defendant formally addressing the court, typically before sentencing. This opportunity allows the defendant to make a personal statement, which might include expressing remorse for their actions, explaining the circumstances surrounding the offense, or requesting leniency from the judge. It is a chance for the defendant to speak directly to the court without being questioned by attorneys.

• Example 1: Expressing Remorse

  After being found guilty of a property crime, Mr. Davies stood before the judge at his sentencing hearing. He chose to allocute, stating how deeply he regretted his actions, the distress he caused to the victims, and his commitment to making amends for the harm he inflicted.

  This illustrates allocuting because Mr. Davies is formally addressing the court to express his remorse and acknowledge the impact of his crime before the judge determines his sentence.

• Example 2: Explaining Circumstances

  Ms. Chen was convicted of a minor traffic violation that resulted in property damage. During her sentencing, she decided to allocute, explaining to the judge that she had been rushing to the hospital due to a family emergency, which led to her reckless driving, and expressed sincere apologies for the damage caused.

  Here, Ms. Chen is allocuting by providing the court with a personal explanation of the underlying circumstances that contributed to her offense, hoping it might influence the judge's sentencing decision.

• Example 3: Requesting Leniency or Specific Sentencing

  Following a plea agreement for a non-violent financial offense, Mr. Rodriguez had the opportunity to allocute. He respectfully asked the judge to consider a sentence that focused on restitution and community service rather than incarceration, emphasizing his desire to repay his debts and contribute positively to society.

  Mr. Rodriguez is allocuting by directly addressing the court to request a specific type of sentence, presenting his case for a more lenient outcome based on his future intentions and willingness to make amends.