CA Supreme Court deterimines no right to allocution at sentencing
July 24, 2008 at 3:53 PM
The San Francisco Chronicle is reporting on a recent decision by the California Supreme Court regarding the right of allocution at sentencing. Dating back to 17th century England, the right of allocution is the ability of a defendant to address the court during sentencing to ask for leniency. Normally allocution is not subject to cross-examination. The court found no such right and declared that defendants addressing the court must do so under oath, and are subject to cross-examination. The decision overturns In Re Shannon B. (22 Cal.App.4th 1235).
Interesting California opinion about right of allocution at sentencing -- Sentencing Law and Policy
Prosecutors get a turn at defendants pleading for mercy, court rules -- San Francisco Chronicle