Criminal Procedure
Allocution
A defendant’s opportunity to speak directly to the judge before sentence is imposed.
Governing rule: Fed. R. Crim. P. 32(i)(4)
Plain-English definition
Allocution is the defendant’s chance to address the court in their own words at sentencing. It can include remorse, explanation, accountability, personal history, plans, or a request for mercy. Judges are required to give the defendant this opportunity in federal sentencing.
How it works
Allocution occurs after the court hears from counsel and before the sentence is announced. It is not testimony in the ordinary trial sense, but it can matter deeply.
Why it matters
A sincere allocution can humanize a defendant at the precise moment the judge has discretion over liberty.
Related terms
More in Criminal Procedure
Arraignment
A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.
Bail
Release before trial under conditions designed to assure appearance and protect the community.
Beyond a Reasonable Doubt
The constitutional proof standard the government must meet to convict a defendant of a crime.
Bond
A financial or secured promise tied to a defendant’s release and future court appearances.
Indictment
A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.
Information
A criminal charging document filed by a prosecutor without a grand jury indictment.
Plea Agreement
An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.
Probable Cause
A practical probability standard used for arrests, searches, warrants, and some charging decisions.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.