Abstract

http://ssrn.com/abstract=2407516
 


 



Last Words: A Survey and Analysis of Federal Judges' Views on Allocution in Sentencing


Mark W. Bennett


U.S. District Court (Northern District of Iowa)

Ira P. Robbins


American University - Washington College of Law

March 10, 2014

Alabama Law Review, Vol. 65, No. 3, 2014
American University, WCL Research Paper No. 2014-9

Abstract:     
Allocution — the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing — is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions — and many others — are answered directly in this first-ever study of judges’ views and practices regarding allocution.

The authors surveyed all federal district judges in the United States. This Article provides a summary and analysis of the participants’ responses. Patterns both expected and unexpected emerged, including, perhaps most surprisingly, that allocution does not typically have a large influence on defendants’ final sentences. Most of the judges agreed, however, that retaining this often-overlooked procedural right remains an important feature of the criminal-justice process.

This Article also synthesizes judges’ recommendations for both defendants and defense attorneys aiming to craft the most effective allocution possible. Critical factors include preparing beforehand, displaying genuine remorse, and tailoring the allocution to the predilections of the sentencing judge.

Number of Pages in PDF File: 80

Keywords: allocution, sentencing, federal courts, criminal procedure, crime, remorse, litigation, empirical study, defendants, Federal Rules of Criminal Procedure, attorney preparation, sentencing guidelines, white collar crime, child pornography, drug trafficking, immigration

JEL Classification: K00, K1, K3, K4, K10, K14, K19, K30, K40, K41, K42

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Date posted: March 13, 2014  

Suggested Citation

Bennett, Mark W. and Robbins, Ira P., Last Words: A Survey and Analysis of Federal Judges' Views on Allocution in Sentencing (March 10, 2014). Alabama Law Review, Vol. 65, No. 3, 2014; American University, WCL Research Paper No. 2014-9. Available at SSRN: http://ssrn.com/abstract=2407516

Contact Information

Mark W. Bennett
U.S. District Court (Northern District of Iowa) ( email )
111 7th Ave SE.
Cedar Rapids, IA 52401
United States
Ira P. Robbins (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
202-274-4235 (Phone)
202-274-4130 (Fax)
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