The formal inquiry by a judge of an accused person, convicted of a crime, as to whether the person has any legal cause to show why judgement should not be pronounced against him or her or as to whether the person has anything to say to the court before being sentenced.
Allocution (noun): 1. A formal and authoritative speech or address delivered by a person in a position of power or authority, such as a leader, judge, or religious figure, to a specific audience or group of individuals. 2. In legal contexts, an allocution refers to the opportunity given to a defendant to speak before a court during sentencing, allowing them to express remorse, offer an explanation, or make a plea for leniency. 3. In religious settings, an allocution can refer to a formal speech or sermon delivered by a religious leader, often addressing important theological or moral issues, and intended to provide guidance or instruction to the congregation. 4. The act of allocating or assigning something, such as resources, responsibilities, or tasks, to specific individuals or groups, often in a formal or organized manner.
Allocution is a legal term that refers to the right of a defendant to make a statement to the court before sentencing. It is a fundamental aspect of due process and allows the defendant to personally address the court, express remorse, provide mitigating factors, or offer any other relevant information that may influence the sentencing decision. The purpose of allocution is to ensure that the defendant’s voice is heard and to promote fairness in the criminal justice system. The court is required to consider the defendant’s allocution before imposing a sentence, although the weight given to the statement is within the court’s discretion. Allocution is an important safeguard that allows defendants to have a say in their own sentencing and helps maintain the integrity of the judicial process.
Q: What is allocution? A: Allocution is a formal statement made by a defendant in a criminal case, typically during the sentencing phase, where they have the opportunity to address the court and express remorse, acceptance of responsibility, or any other relevant information. Q: Why is allocution important? A: Allocution allows the defendant to have a voice in the sentencing process and provides an opportunity for them to express their feelings, remorse, or any other relevant information that may influence the judge’s decision. Q: When does allocution typically occur? A: Allocution usually takes place during the sentencing phase of a criminal case, after the defendant has been found guilty or has pleaded guilty. Q: What can a defendant say during allocution? A: During allocution, a defendant can express remorse, apologize to the victim or their family, explain any mitigating circumstances, provide information about their background or character, or make a plea for leniency. Q: Can allocution affect the outcome of a sentencing? A: Yes, allocution can have an impact on the judge’s decision regarding the sentence. A sincere and compelling allocution may lead to a more lenient sentence, while a lack of remorse or inappropriate statements could potentially result in a harsher sentence. Q: Is allocution mandatory? A: Allocution is not mandatory, and defendants have the right to remain silent during this phase. However, it is often encouraged by defence attorneys as it provides an opportunity to humanize the defendant and potentially influence the judge’s decision. Q: Can allocution be used against the defendant? A: Generally, allocution statements made by the defendant cannot be used against them in any subsequent criminal proceedings. However, if the defendant makes false statements or admits to additional crimes during allocution, those statements may be used against them. Q: How long does allocution typically last? A: The length of allocution can vary depending on the circumstances and the defendant’s statements. It can range from a few minutes to several hours, depending on the complexity of the case and the information the defendant wishes to convey. Q: Can the victim or their family members speak during allocution? A: In some jurisdictions, the victim or their family members may also have the opportunity to speak during allocution, known as victim impact statements. This allows them to express the impact of the crime on their lives and provide input on the sentencing decision.
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/allocution/
- Modern Language Association (MLA):Allocution. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/allocution/.
- Chicago Manual of Style (CMS):Allocution. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/allocution/ (accessed: May 09 2024).
- American Psychological Association (APA):Allocution. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/allocution/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts