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After entering a guilty plea, a defendant is usually given a formal opportunity to address the court, express remorse, and explain personal circumstances that may be considered in sentencing. This is known as an allocution statement.
What is the allocution statement?
- Following a guilty plea, a defendant is usually given a formal opportunity to address the court, express remorse, and explain personal circumstances that may be taken into account in sentencing. This is referred to as an allocution statement.
- These statements have a long and important history in the American legal system, serve a variety of functions, and produce an associated legal document, as "Teaching Legal Docs" explores here.
- The allocution statement allows defendants to accept responsibility, humanize themselves, and mitigate their sentences to ensure that their punishment is appropriate for both the crime and the perpetrator.
- Legal research has shown that remorseful defendants are more likely to receive relatively lenient punishments, whereas remorseless defendants are more likely to receive harsher punishments.
Therefore, after entering a guilty plea, a defendant is usually given a formal opportunity to address the court, express remorse, and explain personal circumstances that may be considered in sentencing. This is known as an allocution statement.
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