Criminal procedure
Allocution
Allocution is the defendant's chance to speak directly to the judge before the sentence is imposed.
The rule requires the court to address the defendant personally and invite them to say anything they want in mitigation. It is the only moment in the case where the defendant speaks without a lawyer filtering it.
Skipping it is reversible error. Judges take it seriously, and defense counsel prepare clients carefully, because an allocution that accepts responsibility often moves a sentence more than any brief.
It is also one of the few moments in federal court not governed by a formula. Judges listen for whether the defendant understands the harm caused, and defense counsel will tell you that a poor allocution can undo months of mitigation work. Co-defendants who allocute differently can end up with very different sentences on identical conduct, which is one of the few places where courtroom performance visibly moves a federal outcome.
How it appears on a docket
MINUTE ENTRY for Sentencing held 9/8/2026. Defendant allocuted. Court imposed 41 months custody and 3 years supervised release.
Governing rule
Fed. R. Crim. P. 32(i)(4)(A)(ii)
Related terms
- Sentencing Hearing — A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.
- Presentence Report — A presentence report, or PSR, is the probation office's investigation of the defendant and the offense, prepared to guide the judge at sentencing.
More on criminal procedure
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