Legal Definitions - allocutus

The term allocutus refers to a formal procedure in criminal law where, after a defendant has been found guilty or has pleaded guilty, but before the judge pronounces the sentence, the court asks the defendant if they have anything to say. This question provides the defendant with a final opportunity to speak directly to the judge, potentially to offer an explanation, express remorse, present mitigating circumstances, correct factual errors, or plead for leniency before the final judgment is delivered.

Here are a few examples to illustrate the concept of allocutus:

• Example 1: Expressing Remorse and Seeking Rehabilitation

  Imagine a person, Sarah, who has been convicted of shoplifting multiple times due to a severe gambling addiction. During her sentencing hearing, after the jury has delivered a guilty verdict, the judge asks Sarah, "Do you have anything to say before I pronounce sentence?" This is the allocutus. Sarah uses this opportunity to express deep regret for her actions, apologize to the store owners, and explain how her addiction led to her crimes. She might also detail the steps she has already taken to seek treatment and ask for a sentence that focuses on rehabilitation rather than just punishment.

  How this illustrates allocutus: Sarah is given a direct chance to speak to the court before sentencing, using the allocutus to present mitigating factors (her addiction), show remorse, and influence the judge's decision regarding the type of sentence.

• Example 2: Clarifying Facts and Pleading for Leniency

  Consider Mark, who has pleaded guilty to a charge of reckless driving that resulted in property damage. During the sentencing phase, the judge asks Mark if he has any statement for the court. Mark uses this allocutus to acknowledge his responsibility for the accident and express his regret. He might also clarify that while he was speeding, he was not under the influence of alcohol or drugs, and that he has already taken steps to pay for the damages and attend a defensive driving course. He then asks the judge to consider his otherwise clean record and his immediate efforts to rectify the situation when determining his sentence.

  How this illustrates allocutus: Mark utilizes the allocutus to provide context, clarify details that might influence the judge's perception of his culpability, and directly appeal for a more lenient sentence based on his actions and character.

• Example 3: Addressing the Victim and the Court

  Suppose David has been found guilty of assault. At his sentencing hearing, the judge asks him the formal question, "Do you have anything to say before the court imposes its sentence?" This is the allocutus. David might turn to the victim, if present, and offer a sincere apology for the harm he caused. He might also address the judge, expressing shame for his actions, explaining that he has learned from his mistakes, and stating his commitment to becoming a law-abiding citizen. He might not necessarily ask for a specific sentence but rather aim to demonstrate a change of heart and a willingness to take responsibility.

  How this illustrates allocutus: David uses the allocutus to directly communicate his remorse and take personal responsibility, which can be a significant factor for a judge considering the defendant's character and potential for rehabilitation during sentencing.