Legal Definitions - allocution

Allocution refers to the formal opportunity given to a convicted defendant to speak directly to the judge before the judge pronounces the sentence.

During allocution, the judge asks the defendant if they have anything to say. This is the defendant's chance to make an unsworn statement to the court, which is not subject to cross-examination. The purpose of this statement is often to express remorse, apologize for their actions, explain the circumstances that led to the crime, or offer any other information they believe might influence the judge to impose a more lenient sentence.

Here are some examples to illustrate allocution:

• Imagine a defendant, Ms. Chen, who has been found guilty of embezzlement. Before the judge delivers her sentence, the judge asks, "Ms. Chen, do you have anything you wish to say to the court before I impose sentence?" Ms. Chen then stands and, with a trembling voice, expresses deep regret for betraying the trust of her employer and apologizes to the company and her family for the shame she has brought upon them. She explains that she was under immense financial pressure due to a family medical emergency but acknowledges that her actions were wrong and takes full responsibility.

  This illustrates allocution because Ms. Chen is directly addressing the judge, expressing remorse and offering an explanation for her actions, hoping to influence the severity of her upcoming sentence.

• Consider Mr. Davies, who has been convicted of a non-violent drug offense. During his sentencing hearing, the judge offers him the opportunity for allocution. Mr. Davies uses this moment to describe how he has spent the past year in jail reflecting on his choices, participating in substance abuse programs, and committing to a sober future. He assures the judge that he understands the harm his actions caused to the community and to himself, and he pleads for a chance to rebuild his life and contribute positively to society upon his release.

  This example demonstrates allocution as Mr. Davies uses his direct statement to the judge to highlight his rehabilitation efforts and commitment to change, aiming for a more favorable sentencing outcome.

• Suppose a young man, Mr. Evans, is convicted of assault. During the sentencing phase, the judge asks if he wishes to make an allocution statement. Mr. Evans, looking towards the victim's family in the gallery, expresses profound sorrow for the physical and emotional pain he inflicted. He acknowledges the irreversible impact of his actions and states that he has learned a hard lesson about controlling his temper, promising to seek anger management therapy and live a life free from violence. He does not try to excuse his behavior but rather expresses his understanding of the gravity of his crime.

  Here, Mr. Evans's statement serves as an allocution because he is directly addressing the court, conveying an apology and demonstrating an understanding of the harm caused, which are factors a judge might consider during sentencing.