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

Court Opinion (People v. Evans) -- California Supreme Court

Comments
No Comments at this time
 
Bookmark and Share
 
 
 
Categories
 
 
Law library blogs