Allocution

(Declaration of Absolute Rights and Refusal to Except Sentence)

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Allocution: Oral declaration of rights and non-consent at sentencing

 This document  is to be read orally to the court following conviction of a (whatever) and just prior to “sentencing”. The particular allocution is the work and experience of one man during a “traffic” trial with a “charge” of “no valid registration (plates)”. There are two parts to the allocution: (a) declamation of rights and errors in the trial, etc, along with producing affidavits, information and mitigating facts, and (b) declamation of non-consent to any fines, taxes, prison, etc. Allocution has its origins in the common law. (See Corpus Juris Secundum, Criminal Law, §1573-1576). One must be totally alert to ask for the opportunity to “say something prior to sentencing” before the judge starts his sentencing – interrupt if necessary, but do it. Request a separate sentencing hearing of at least two weeks hence. Give yourself time to write the allocution.
The court needs your consent to impose any sentencing or “punishment” or fines or restrictions of any kind, etc. In almost 100% of the cases the sentient man/woman becomes the surety (or stand in) for the legal fiction “defendant” and takes on the burden of the sentencing pronouncements. It is the legal fiction which is indicted, tried, and convicted. It is the sentient man/woman who takes on the sentence. The court needs the permission (consent) of the sentient man to impose a sentence and gets it through presumption, silence, acquiescence, or outright consent to apply to the “surety”. It is the sentient man/woman who now serves the sentence. The style of the case through conviction for the “defendant” is in all capital letters. The style of the sentenced party is upper and lower case.

More than anything, it is an avenue for the defendant, who is about to have his freedom and liberty taken away for (often) a long period of time, to feel like he had an opportunity to say something to the Court. More often than not, what the defendant says in court is heavily controlled by counsel and happens only under the narrowest of circumstances.
These documents explain why and how to speak up before sentencing  to stay FREE!!!