allocution

Look up allocution in Wiktionary, the free dictionary.

This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (December 2008)

Generally, to allocute in law means "to speak out formally." In the field of apologetics, allocution is generally done in defense of a belief. In politics, one may allocute before a legislative body in an effort to influence their position on an issue. In law, it is generally meant to state specifically and in detail what one did and for what reason, often in relation to commission of a crime.

In most United States jurisdictions a defendant is allowed the opportunity to allocute—that is, explain himself—before sentence is passed. Some jurisdictions hold this as an absolute right, and in its absence, a sentence may potentially be overturned, with the result that a new sentencing hearing must be held.

Allocution is sometimes required of a defendant who pleads guilty to a crime in a plea bargain in exchange for a reduced sentence. In this instance, allocution can serve to provide closure for victims or their families. In principle, it removes any doubt as to the exact nature of the defendant's guilt in the matter. There have however, been many cases in which the defendant allocuted to a crime that he or she did not commit, often because this was a requirement to receiving a lesser sentence.^{[citation needed]}

The term "allocution" is generally only in use in jurisdictions in the United States, though there are vaguely similar processes in other common law countries.

For example in Australia the term "allocutus" will be used. It will be used by the Clerk of Arraigns or another formal associate of the Court. It will generally be phrased as "Prisoner at the Bar, you have been found Guilty by a jury of your peers of the offense of XYZ. Do you have anything to say as to why the sentence of this Court should not now be passed upon you?". The defense counsel will then make a "plea in mitigation" (also called "submissions on penalty") wherein he or she will attempt to mitigate the relative seriousness of the offense and heavily refer to and rely upon the defendant's previous good character and good works (if any). In Australia, the right to make a plea in mitigation is absolute. If a judge or magistrate were to refuse to hear such a plea, or obviously fail to properly consider it, then the sentence would, without doubt, be overturned on appeal.

In many other jurisdictions it is for the defense lawyer to mitigate on his client's behalf, and the defendant himself will rarely have the opportunity to speak.

In media

Allocution refers to the one way dissemination of information through a media channel. It assumes that one party has an unlimited amount of information (usually through some kind of expertise) and can act as the ‘information services provider’ (pg 268) while the other party acts as the ‘information services consumer’ (Bordewijk and Kaam, 1986:268)

The term allocution differs from distribution as distribution implies that the original party loses some kind of control over the information. One party can tell many others a piece of information without losing it themselves, the original information store never becomes empty. (Bordewijk and Kaam, 1986:268)

The original party holds all control over the information. They decide when, how and how much information to give to the information services consumer. The consumer has no control over it in this model.

Examples of this type of communication include radio and traditional television programs such as the news.

Bordewijk, Jan L. and van Kaam, Ben (2002) [1986] “Towards a New Classification of Tele-Information Services,” in Denis McQuail (ed.) McQuail’s Reader in Mass Communication Theory, Sage, London, pp.113–24

Roman Catholic Magisterium

According to the Catholic Encyclopedia, an Allocution is a solemn form of address or speech from the throne employed by the Pope on certain occasions. It is delivered only in a secret consistory at which the cardinals alone are present. The term allocutio was used by the ancient Romans for the speech made by a commander to his troops, either before a battle or during it, to animate and encourage them. The term when adopted into ecclesiastical usage retained much of its original significance. An allocution of the Pope often takes the place of a manifesto when a struggle between the Holy See and the secular powers has reached an acute stage. ^[1]

References

1. ^ Catholic Encyclopedia

See also

• Confession (legal)