The defendant has a right (known as “allocution”) to make a statement to the court prior to sentencing. The defendant’s attorney will discuss that statement with the defendant. So that the defendant knows what to say and what not to say. As a general rule, the defendant should not make excuses for his or her conduct. Evidence of mitigating circumstances should be provided by the defense attorney. If it comes from the mouth of the defendant. It sounds like the defendant is not taking responsibility for the crime.
Generally, the defendant will want to say three things in his or her own words:
- An acknowledgement of wrongdoing. Judges are impressed by defendants who take responsibility for their crime and demonstrate an understanding that they made a mistake.
- An expression of remorse. A defendant should always say “I’m sorry” or otherwise express regret. Particularly if the crime had a negative impact on other people.
- A plan for the future. The defendant should assure the court that he or she has learned a lesson and that the crime will never be repeated. That assurance is often more convincing if the defendant offers a plan for turning his or her life around (such as furthering an education, finding a better job, avoiding friends who commit crimes, pursuing drug treatment, or obtaining counseling.)