In Re Shannon B.

I. Introduction

“Do you have any legal cause to show why judgment should not be pronounced against you?”

Many attorneys have heard these words spoken prior to imposition of sentence in criminal proceedings, without giving much thought to what the question means. The inquiry, which is called “allocution,” has ancient roots in the common law and is statutorily mandated in California. (Pen. Code, § 1200.) This case presents issues concerning the nature and scope of the right to allocution in California state courts and its application in proceedings against juvenile offenders.

We hold California’s statutory right to allocution encompasses a right of defendants to make personal statements in their own behalf and present information in mitigation of punishment. We further hold allocution is not required in juvenile proceedings because juveniles have the opportunity to testify at dispositional hearings and address the court on the subject of disposition. Because the minor in the present case was afforded that opportunity and availed himself of it, we affirm the order committing him to the Youth Authority.

II. Background

The defendant, Shannon B., has a history of multiple…