Dialogic Allocution: Deliberative Democracy in Sentencing Law

Abstract:     
This Article argues in favor of increasing the scope of the national sentencing dialogue in order to remedy the current sentencing defects. The increase in scope hinges on expanding the role of allocution within criminal sentencing. By treating allocution as seriously as the Federal Rules do, new discussants will contribute specific solutions for the defects, while at the same time enhancing institutional and ontological legitimacy. To achieve that end, the Article proposes a modified view of allocution. This dialogic allocution unifies the judge and defendant as co-discussants in the national debate, rather than pitting them against each other. The Article provides a method for incorporating dialogic allocution into current practice and then seeks to answer unresolved questions.

Number of Pages in PDF File: 31

Keywords: dialogue, allocution, criminal sentencing

working papers series