Allocution is the opportunity for a defendant to speak to the court before sentencing.
It allows the defendant to address the judge directly before the sentence is imposed.
Why allocution matters
Allocution can give the defendant a chance to express remorse, explain circumstances, apologize, request leniency, or address restitution and rehabilitation.
It is not a substitute for legal argument, but it can be an important part of the sentencing process.
Where allocution appears
Allocution appears at sentencing hearings after a guilty plea, verdict, or other conviction-related finding.
It may also be discussed in plea agreements, presentence reports, and sentencing memoranda.
How it differs from nearby terms
Allocution is the defendant’s opportunity to speak before sentencing. A plea colloquy is the court’s questioning before accepting a plea.
Sentencing is the broader proceeding where the court imposes the sentence.
Practical example
Before imposing sentence, the judge asks the defendant whether they want to speak. The defendant apologizes to the victim and describes steps taken toward treatment.
Related Terms
Quick check
Question: Does allocution give the defendant a chance to speak before sentencing?
Answer: Yes. It is the defendant’s opportunity to address the court before sentence is imposed.