![]() United States, in which the Court ruled that it was not enough to offer the defendant’s lawyer an opportunity speak. It has evolved slightly over time, especially following a Supreme Court ruling in 1961, Green v. The right of allocution appears at the federal level in the first version of the Federal Rules of Criminal Procedure, published in 1946. But the practice flourished in the United States as it was not limited to capital cases. After the 17th century, the practice decreased in Britain because death penalty sentences also decreased. But there was no general agreement about when allocution rights were required or how they should be exercised. By the 17th century, English and colonial American courts sometimes permitted and sometimes required allocution. Roots in English LawĪllocution rights may be traced back to 1689, when English courts recorded that, in cases in which defendants faced possible death sentences, the failure to ask defendants directly if they had anything to say prior to sentencing constituted a basis for reversal. The court must provide not only the defendant, but also the defendant’s lawyer and the government’s lawyer, with opportunities for allocution. 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. ![]() Here, “Teaching Legal Docs” will focus on allocution at the federal court level, which concerns written statements. Anthony’s statement to the court after being arrested for voting in 1873. In fact, several famous allocution statements in history were spoken, including John Brown’s statement to the court after being sentenced to death in 1859, and Susan B. Likewise, the protocols for delivering the statement might vary between being written or spoken. Allocution rights appear at the state level, though they vary across jurisdictions. For instance, judges might allow allocution at resentencing, probation, or supervised release hearings. According to a 2014 survey of federal judges, 84 percent of defendants in federal court exercise their right to allocution.Īllocution statements are sometimes also used at other times in court, outside of sentencing. Lawyers may submit statements on the defendant’s behalf, or statements may be waived entirely. With this in mind, not all defendants exercise their right to submit an allocution statement directly to the court. They must determine that there is an “adequate factual basis to support the charge and the plea” and that the plea was “knowingly, voluntarily, and intelligently made.” Allocution statements aid in making these determinations. The allocution statement provides 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.įrom the court’s perspective, judges cannot simply accept a defendant’s guilty plea. These statements have a long and important history in the American legal system, serve a variety of functions, and, as “Teaching Legal Docs” explores here, produces an associated legal document. ![]() This is known as an allocution statement. ![]() After pleading guilty, a defendant is typically offered a formal opportunity to address the court to express remorse, and explain personal circumstances that might be considered in sentencing.
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