Allocution (unlike the guilty plea colloquy) offers a chance to humanize the defendant, yet many defense lawyers may not adequately prepare their clients for this potentially important moment. This article will explore the legal framework relating to allocution as well as some strategies defense counsel should consider at sentencing in white collar cases.

Federal Rule of Criminal Procedure 32

Allocution dates back at least to 1689, when English courts first held that a defendant in a capital case had a right to be heard before punishment was imposed. In the United States, although allocution was not guaranteed in the Constitution, the practice historically found widespread acceptance in state and federal courts and was formally codified by Congress in 1944 in the Federal Rules of Criminal Procedure.

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