Allocution
From Free net encyclopedia
Generally, to allocute in US law means "to speak out formally." In the field of apologetics, allocution is generally done in defense of a belief. In politics, one may allocute before a legislative body in an effort to influence their position on an issue. In law, it is generally meant to state specifically and in detail what one did and/or why, often in relation to commission of a crime.
In most U.S. jurisdictions, a defendant is allowed the opportunity to allocute — that is, explain himself, before sentence is passed. Some jurisdictions hold this as an absolute right, and in its absence, a sentence may potentially be overturned, with the result that a new sentencing hearing must be held.
Allocution is sometimes required of a defendant who pleads guilty to a crime in a plea bargain in exchange for a reduced sentence. In this instance, allocution can serve to provide closure for victims or their families. In principle, it removes any doubt as to the exact nature of the defendant's guilt in the matter. However, there have been many cases in which the defendant allocuted to a crime that he did not commit, often because this is a requirement to receiving a lesser sentence.
The term "allocution" is generally only in use in jurisdictions in the United States, though there are vaguely similar processes in other comman law countries.
For example in Australia the term "allocutus" will be used. It will be used by the Clerk of Arraigns or another formal associate of the Court. It will generally be phrased as "Prisoner at the Bar, you have been found Guilty by a jury of your peers of the offence of XYZ. Do you have anything to say as to why the sentence of this Court should not now be passed upon you?". Defence counsel will then make a "plea in mitigation" (also called "submissions on penalty") wherein he or she will attempt to mitigate the relative seriousness of the offence and heavily refer to and rely upon the defendant's previous good character and good works (if any).
The right to make a plea in mitigation in Australia and the UK is absolute.
If a judge or magistrate were to refuse to hear such a plea, or obviously fail to properly consider it, then the sentence would, without doubt, be overturned on appeal and the relevant judge or magistrate would almost certainly be impeached (in Australia) or in the UK "be removed from office" by the Lord Chancellor.
Thus in Australia (and the UK) an "allocutus" is not a plea. It is a call upon the convicted person to make a plea as to what sentence may be proper.
No doubt the situation is similar in many other common law countries.