context: In contrast to this approach, some courts have concluded that the common-law right of allocution applies to capital sentencing hearings. The majority of these jurisdictions, however, limit the right of allocution to pleas of mercy or leniency and expressions of future hope.
citation_a.signal: no signal
citation_a.parenthetical: "under the common law applicable to capital sentencing proceedings at the time [the defendant] was sentenced, a defendant who timely asserts his right to allocute, and provides an acceptable proffer, must be afforded a fair opportunity to exercise this right"
citation_a.sentence: Harris v. State, 306 Md. 344, 359, 509 A.2d 120 (1986) (“under the common law applicable to capital sentencing proceedings at the time [the defendant] was sentenced, a defendant who timely asserts his right to allocute, and provides an acceptable proffer, must be afforded a fair opportunity to exercise this right”); Homick v. State, 108 Nev. 127, 133-34, 825 P.2d 600 (1992) (concluding that capital defendants enjoy common-law right of allocution, limited to expressions of remorse, pleas for leniency and plans or hopes for future); see State v. Zola, 112 N.J. 384, 431-32, 548 A.2d 1022 (1988) (pursuant to its supervisory jurisdiction over state criminal trials, court authorized “narrowly-defined right of a capital defendant to make a brief unsworn statement in mitigation to the jury at the close of the presentation of evidence in the penalty phase [of a capital case]”), cert. denied, 489 U.S. 1022, 109 S. Ct. 1146,103 L. Ed. 2d 205 (1989); State v. Lord, 117 Wash. 2d 829, 897, 900, 822 P.2d 177 (1991) (acknowledging right of allocution in capital case, but limiting right to pleas for mercy, and concluding that defendant went beyond permissible bounds of allocution and, thus, trial court properly permitted state to cross-examine him), cert. denied, 506 U.S. 856, 113 S. Ct. 164, 121 L. Ed. 2d 112 (1992).
citation_b.signal: see
citation_b.parenthetical: acknowledging right of allocution in capital case, but limiting right to pleas for mercy, and concluding that defendant went beyond permissible bounds of allocution and, thus, trial court properly permitted state to cross-examine him
citation_b.sentence: Harris v. State, 306 Md. 344, 359, 509 A.2d 120 (1986) (“under the common law applicable to capital sentencing proceedings at the time [the defendant] was sentenced, a defendant who timely asserts his right to allocute, and provides an acceptable proffer, must be afforded a fair opportunity to exercise this right”); Homick v. State, 108 Nev. 127, 133-34, 825 P.2d 600 (1992) (concluding that capital defendants enjoy common-law right of allocution, limited to expressions of remorse, pleas for leniency and plans or hopes for future); see State v. Zola, 112 N.J. 384, 431-32, 548 A.2d 1022 (1988) (pursuant to its supervisory jurisdiction over state criminal trials, court authorized “narrowly-defined right of a capital defendant to make a brief unsworn statement in mitigation to the jury at the close of the presentation of evidence in the penalty phase [of a capital case]”), cert. denied, 489 U.S. 1022, 109 S. Ct. 1146,103 L. Ed. 2d 205 (1989); State v. Lord, 117 Wash. 2d 829, 897, 900, 822 P.2d 177 (1991) (acknowledging right of allocution in capital case, but limiting right to pleas for mercy, and concluding that defendant went beyond permissible bounds of allocution and, thus, trial court properly permitted state to cross-examine him), cert. denied, 506 U.S. 856, 113 S. Ct. 164, 121 L. Ed. 2d 112 (1992).