Allocution: Your Right to Speak at a Federal Sentencing

Allocution is the right of a person being sentenced to speak directly to the judge before the sentence is announced. In federal court, the judge must address the defendant personally and give them a chance to speak or offer anything that could lower the sentence (Fed. R. Crim. P. 32(i)(4)(A)(ii)). It is a right, not a duty.

The word comes from the old courtroom practice of the judge asking the defendant whether they had anything to say before sentence was passed. This page explains how allocution works in federal court today, as one part of the federal sentencing hearing. It is general information, not legal advice for your case.

What does the federal rule say about allocution?

Rule 32 of the Federal Rules of Criminal Procedure sets the order of speakers at a federal sentencing. Before imposing sentence, the court must (Rule 32(i)(4)(A)):

• give the defense lawyer a chance to speak for the defendant;
• "address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence," and
• give the prosecutor an equal chance to speak.

"Mitigate" means to make less severe. Any victim who is present must also be allowed to be reasonably heard (Rule 32(i)(4)(B)). On a party's motion and for good cause, the judge may hear a statement in private, which the rule calls "in camera" (Rule 32(i)(4)(C)).

The key word is "personally." It is not enough for the lawyer to speak. The judge must turn to the person being sentenced and invite them to speak.

Why does the right of allocution matter?

The Supreme Court explained the reason in Green v. United States, 365 U.S. 301 (1961). The lead opinion traced the right back to English common law and said: "The most persuasive counsel may not be able to speak for a defendant as the defendant might, with halting eloquence, speak for himself."

In Green itself, the record did not clearly show whether the judge's question was aimed at the defendant or his lawyer, so the sentence was affirmed. But the opinion told trial judges to "unambiguously address themselves to the defendant" before sentencing, so that there is no doubt the person was invited to speak.

When a judge skips allocution entirely, the person may be able to raise it on appeal. For one appeals court's approach, see our note on a judge who never let the defendant speak.

Is there a right to allocution at a revocation hearing?

Yes. At a hearing to revoke probation or supervised release, the person is entitled to "an opportunity to make a statement and present any information in mitigation" (Fed. R. Crim. P. 32.1(b)(2)(E)). The same opportunity applies at a hearing to change the conditions of probation or supervised release, unless no hearing is required (Rule 32.1(c)).

At a revocation hearing, the statement often focuses on what led to the violation and what has changed since. The same care applies: anything said is on the record.

What is an allocution statement for?

An allocution statement is what the person being sentenced says to the judge. It is not testimony and it is not an argument about the law. The lawyer handles the guideline range, objections to the presentence report and the legal arguments in the sentencing memorandum.

The statement does something the lawyer cannot. It lets the judge hear, in the person's own words:

• that they understand what they did and who it hurt;
• what they have done since, such as treatment, work, school or repaying a victim;
• who depends on them and what their plans are after the sentence.

The judge must weigh "the history and characteristics of the defendant" when choosing a sentence (18 U.S.C. § 3553(a)(1)). A sincere statement is one way the judge sees that history directly. See the § 3553(a) factors for the full list.

How do you prepare to speak at sentencing?

There is no script that works for everyone, and no statement can promise a particular sentence. These are general points to talk through with your lawyer:

• Prepare with your lawyer. Go over what you plan to say well before the hearing. Your lawyer knows the record and what the judge has already read.
• Keep it short. A few minutes is usually enough. Write it out, but speak to the judge rather than reading in a flat voice if you can.
• Speak in your own words. Judges hear many statements. Plain, honest words come across better than phrases copied from somewhere else.
• Take responsibility without arguing. Talk about what you did and its effect on others. Save disputes about facts or the guidelines for your lawyer.
• Acknowledge any victims. If there is a victim, speak to the harm in a respectful way, without asking the victim for anything.
• Talk about the future. Mention concrete steps you have taken and specific plans, not general promises.
• Do not blame others. Blaming the prosecutor, a co-defendant, the victim or the system usually works against you.

People helping someone prepare can listen to a practice run and give honest feedback, but the words should belong to the person speaking.

How does allocution relate to acceptance of responsibility?

Acceptance of responsibility is a guidelines reduction of 2 offense levels, sometimes 3, for a person who clearly shows they accept responsibility for the offense (USSG §3E1.1, Guidelines Manual, November 1, 2025). What a person says at sentencing can bear on it.

The commentary to §3E1.1 says a person does not have to volunteer relevant conduct beyond the offense of conviction and may stay silent about it. But a person who "falsely denies, or frivolously contests, relevant conduct that the court determines to be true has acted in a manner inconsistent with acceptance of responsibility" (USSG §3E1.1, comment. (n.1(A))).

What are the risks of saying too much?

Allocution happens in open court, on the record, in front of the prosecutor. A few general risks:

• Minimizing. Statements that downplay the offense or contradict the guilty plea can cause the judge to doubt remorse, and in some cases can put acceptance of responsibility at issue.
• New facts. Talking about conduct beyond what is in the record can raise new questions.
• Other cases. If there are other pending charges, a possible appeal, or a related civil case, a statement can matter there too.

That is why the content should be settled with the lawyer in advance. Choosing to say only a few words, or to stay silent, is also a choice to make with your lawyer.

Common questions

What is allocution?

Allocution is the chance for the person being sentenced to speak to the judge personally before the sentence is imposed. In federal court the judge must address the defendant personally and allow them "to speak or present any information to mitigate the sentence" (Fed. R. Crim. P. 32(i)(4)(A)(ii)).

What is allocution in court?

In court, allocution is the moment near the end of a sentencing hearing when the judge turns to the defendant and asks if they want to say anything before sentence is imposed. It comes after the lawyers speak and before the judge announces the sentence (Fed. R. Crim. P. 32(i)(4)). It also applies at hearings to revoke probation or supervised release (Fed. R. Crim. P. 32.1(b)(2)(E)).

Do you have to speak at sentencing?

No. Rule 32 requires the judge to offer the chance to speak, but it does not require the defendant to use it (Fed. R. Crim. P. 32(i)(4)(A)(ii)). Whether to speak, and what to say, is a decision to make with your lawyer before the hearing.

What should you say at sentencing?

In general, keep it short, honest and in your own words: show that you understand the harm, describe what you have done since, and explain your plans. Avoid arguing about facts or blaming others, because falsely denying relevant conduct the judge finds true is inconsistent with acceptance of responsibility (USSG §3E1.1, comment. (n.1(A))). Go over the statement with your lawyer first.

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