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Interesting California opinion about right of allocution at sentencing

By Douglas A. Berman

This new piece from the San Francisco Chronicle discusses this interesting new ruling from the California Supreme Court.  Here first is the press account:A criminal defendant's right to address the judge before sentencing and plead for mercy without being cross-examined, a right traced back to 17th century England, doesn't exist in California, the state Supreme Court ruled today. In a case from San Mateo County, the justices ruled unanimously that a defendant who is about to be sentenced must be treated like any other witness ? testifying under oath and subject to cross-examination by the prosecutor ? when asking for leniency.Here is the start of the unanimous opinion in People v. Evans:California law requires that in a criminal case a trial court must, before imposing sentence, ask the defendant whether there is ?any legal cause to show why judgment should not be pronounced against him...continue to full post

Full post as published by Sentencing Law and Policy on July 24, 2008 (boomark / email).