An Allocution Statement Defined
What is an allocution statement? An allocution statement is a statement made by a defendant that explains to the judge why the judge should not impose the maximum sentence allowable by law. Generally, this means the maximum "statutory" sentence. Some clients – especially clients at their sentencing – want to explain to the judge how they are so guilty and so remorseful that the judge will impose much less than the maximum possible penalty.
The allocution statement’s purpose is to persuade the judge to impose a sentence less than the maximum allowed by law. Sometimes, if you’re pleading guilty – especially to sexual offenses such as a sex crime like sexual misconduct with a minor – the defendant’s allocution statement is an important last chance to convince the judge not to give you the sexually violent predator (SVP) label. That SVP label does not mean you’ll necessarily be sentenced to the maximum, but it certainly puts you on a path towards it.
Allocution statements are generally one of the last things that happen in a criminal case. For example , during a felony case sentencing, allocution statements occur after a Presentence Investigation Report (PSI) has been completed and presented to the judge. The PSI is an analysis of all of your particular life circumstances that is prepared by a probation officer for the judge’s review. In most cases, it is quite compelling to a judge and is required to occur prior to sentencing.
In many Virginia Courts, a defendant allocutes before the judge a final time to either re-hash over the information presented in the PSI or state some last minute points why a high sentence is unfair. Often, however, the judge comes ready to sentence and the allocution is the last thing they hear before doing so. It varies from court to court, so you’ll have to ask your lawyer about that.
If the judge has decided to sentence you to the maximum allowable sentence under the law, he or she will not change her decision based on your speech. The speech is a great opportunity to demonstrate remorse and to show respect for the judicial system. In that sense, it is almost like going to church.
How to Create an Ideal Allocution Statement
When it comes to making an allocution in front of the judge, there are a few essential elements that all strong statements possess. If you were to compile a list of the most important components, it might look something like this: Sincerity Clarity Remorse One of the biggest mistakes you can make when preparing your statement is to try and write something based on a template you’ve found online. There is no template for a successful allocution statement. Some allocution statements are short and emotional, some allocution statements are long and eloquent, and some statements just fall somewhere in between. The one thing they all have in common? Sincerity. This means it’s critical to write your allocution statement in your own voice — not in your attorney’s voice. This requires multiple drafts so you can make sure it sounds good when it’s read aloud, but also sounds true and authentic to the person reading it. Clarity is also an important element of a successful allocution statement. While the tone and language can differ amongst individuals, every allocution needs to make its point simply — and quickly. Because allocutions are usually delivered at sentencing, you won’t have much time to talk before you lose the court’s attention. As such, you also don’t have much time to convey your message. Finally, every allocution needs to show remorse. Remorse is what separates allocutions that "win over" the judge from those that do not. When you express remorse in your statement, you’re communicating that you take responsibility for your actions. You recognize the trouble you’ve caused, you understand the seriousness of your offenses, and you understand how your actions have hurt not only your family, but victims as well.
Allocution Statement Precedent in Courts
One allocution statement that’s been considered particularly effective is that of a former gang member highlighted in a University of Maryland 2016 study. In it, he admitted to various crimes and told the court that, while he was now aligned with law and justice, he once "plotted against it." He pleaded for compassion based on how much he had changed. He is mentioned in the study because his allocution statement was so profoundly effective that it led an element of street gang that he once belonged to to renounce the gang’s violent lifestyle.
Similar allocution statements have been heard from those directly impacted by the drug epidemic, such as the father who moved the court as "just another parent whose son, Jeremy, was killed by the hands of a drug dealer." His allocution statement was so touching that it became the focus of a Netflix documentary.
Allocution statements also impact sentences in lesser-known, less-publicized cases. A successful allocution statement may depend more on its delivery – the tone, the emotion, the clarity, the articulation – than on any prepared text. Criminologist Dr. Christopher Schaberg looked at the effective allocution statements of numerous offenders and found that the sincerity had much to do with their persuasion. Where expressed sincerely, allocution statements have the power to move even the most unyielding of judges to mete out lenient sentences.
Frequent Errors
Frequently, individuals appear at a sentencing hearing intent to proclaim their expected innocence before the Court. This time, they intend to explain everything, without interruption. Sometimes, these proclamations are clearly made in an attempt to influence the sentencing judge: the goal is to work the Judge into reducing the sentence, or converting the current designation to a less harsh one. However, these efforts usually do not work and most certified criminal law specialists agree it is a mistake to try this approach when delivering the allocution statement.
This can be a big mistake in the world of federal sentencing guidelines , where the Judge in the modern era has less discretion than judges had in the 1980s or 90s. The Judge will be required to follow the law and to impose a guideline sentence in many cases, whether you like it or not. If you try to influence the judge, you risk angering the court.
Other common mistakes include pointing the finger at a co-defendant, member of an organization, a spouse or another family member. The judge does not appreciate the blame, especially when the blame is being divided instead of accepted. A better approach is to accept responsibility where it applies, and then show ways that you have changed and the remorse you have for whatever consequences there may be that resulted from your actions.
Attorneys of Record Assisting with Allocution
In most instances, legal counsel will not write the allocution statement for their clients. However, they may provide pointers on what to include and what to avoid. Experienced counsel can offer great insight into topics to cover as well as what to expect at the sentencing hearing. Clients will often ask their attorney to prepare statements or to review what the client has written before finalizing the statement. When working on the oral allocution, the attorney’s role must be both that of an advisor and a critic: an advisor in terms of both content and delivery; a critic in terms of editing away anything that is ambiguous or overly emotional. This means both personal and grammatical edits.
Lawyers often give their clients time to prepare their statements, then patiently read and critique them. During this process, they point out possible pitfalls such as "this sounds too angry" or "you sound defensive here." Lawyers will also use this opportunity to point out those areas that a Pre-Sentence Report writer or Judge might be interested in. Lawyers will also point out areas where offense conduct is presented but should not be included. They will also help the client identify and select a few powerful emotions to focus on rather than an overwhelming number of them.
Personal Contemplation and Impact
Client 6 – "When you first are pulled in from the blinding lights of the arrest, you are unsure about where life is headed. What is going to happen to you? What is going to happen to me is suddenly out of my control. Then I begin meeting with my counsel and I start to gain perspective. Yes, I am still scared because the odds are likely against me, but I begin to see that with every step, I am closer to resolution. As my attorney explains things to me, noting that each client they see at this point would already be sentenced had they taken a guilty plea, I begin to feel like I am one of the lucky ones. The fact that my case is getting worked through the court system and my situation does not beat me everyday is a source of relief . I keep my eyes on the light at the end of the tunnel and look for things that I can learn from this process. One thing I have learned from this situation is that I can put myself in someone else’s shoes – I feel empathy for drug addicted people now that I would have previously ridiculed. People come from all walks of life and they make the choices that led them here. It doesn’t mean they are bad people, but it does mean that they are paying a serious price for their decisions. While I realize that my treatment and sentencing are not going to be easy or free of consequences, I have learned to appreciate what I have and to work to make things better for me and others in my life.