By Yusef El

Introduction

Allocution is the oral declaration of rights made by a living man or woman before sentencing. Rooted in the common law and referenced in Corpus Juris Secundum, Criminal Law §§1573–1576, allocution allows the accused to directly address the court after conviction and prior to sentencing.

Unlike motions or written petitions, allocution is made verbally and personally. It is not filed with the court in advance, nor given to prosecutors ahead of time. Its force lies in being spoken on the record, by the living individual rather than the legal fiction.

Origins and Purpose

• Historically, allocution gave convicted persons a final chance to present reasons why judgment should not be pronounced.
• In the modern sovereign framework, allocution is re-purposed as a Declaration of Absolute Rights and a Refusal to Consent to fines, imprisonment, or restrictions.
• The principle is that the court requires the living man’s or woman’s consent to impose sentence. By withdrawing consent, one rejects jurisdiction over the “surety” role that courts typically assume is accepted through silence or acquiescence.

Key Features of Allocution

1. Timing
   • Allocution must be spoken just before sentencing.
   • If necessary, interrupt the judge to assert the right to allocute. Request a separate sentencing hearing to allow time to prepare your statement.
2. Form
   • Allocution is oral only — no written versions are provided beforehand.
   • The legal fiction (in all caps) cannot speak; only the living man or woman can.
3. Content
   • Part One: State the trial errors, denial of due process, and absence of evidence (such as no verified complaint, no injured party, no sworn affidavits).
   • Part Two: Declare non-consent to sentencing, fines, jail, probation, parole, or seizure of property. Cancel all implied or coerced contracts. Reserve all natural rights.
4. Exit
   • After speaking, turn and walk out of the courtroom without acknowledging the judge or attorneys. Responding would imply renewed consent to jurisdiction.

Example Declarations

Typical statements within an allocution may include:

• “This proceeding has failed to produce evidence of an injured party.”
• “I cancel, terminate, discharge, and nullify any bonds issued in association with this case.”
• “I do not consent to fines, prison, probation, or seizure of property.”
• “I reserve all God-given unalienable rights, waiving none, ever.”

These declarations aim to cancel presumption of consent, void commercial instruments (such as bid bonds or performance bonds), and reject contractual adhesion.

Legal Foundation and Remedies

Supporters of allocution cite Federal Rules of Civil Procedure Rule 60(b), which allows relief from judgments under extraordinary circumstances. They also point to the continuing recognition of remedies like coram nobis or audita querela for challenging judgments.

The underlying theory is that if sentencing depends on consent, then the absence (or withdrawal) of consent nullifies jurisdiction.

Risks and Realities

While powerful in theory, allocution carries practical challenges:

• Courts are unlikely to accept that oral refusals nullify convictions or sentencing authority.
• Judges may disregard allocution or treat it as irrelevant.
• Walking out of court without acknowledgment could be met with contempt orders or immediate arrest.
• Enforceability depends entirely on whether officials honor the allocution or whether the individual can later pursue remedies based on the record.

Step-by-Step Allocution Guide

(Declaration of Absolute Rights & Refusal to Consent to Sentencing)

1. Understand Allocution

• Definition: Allocution is the oral right to speak before sentencing.
• Purpose: To declare your rights, expose trial errors, and withhold consent to any punishment, fines, or contracts.
• Authority: Common law tradition, Corpus Juris Secundum Criminal Law §§1573–1576, and Federal Rule of Civil Procedure 60(b) (relief from judgments).

2. Preparation

✅ Keep detailed notes of everything denied during trial: unanswered affidavits, ignored motions, lack of witnesses, no verified complaint, absence of an injured party.
✅ Draft your personal statement, divided into two parts:

• Part One: Errors and due process violations.
• Part Two: Refusal to consent to sentencing, fines, bonds, or restrictions.

⚠️ Do not file this statement in writing with the court beforehand. It only has effect when spoken by you — the living man or woman.

3. When to Speak

• Allocution happens after conviction but before sentencing.
• Interrupt if necessary: assert your right to allocution before the judge begins sentencing.
• You may request a separate sentencing hearing (e.g., two weeks later) to prepare.

4. Delivering Allocution

Speak firmly and clearly on the record. No time limit applies. Do not yield to interruptions.

Part One: Trial Errors

State issues such as:

• “This proceeding failed to produce an injured party.”
• “This proceeding failed to produce a verified complaint.”
• “This proceeding denied me due process by refusing exculpatory evidence.”
• “This proceeding has lost all jurisdiction.”

Part Two: Non-Consent & Reservation of Rights

Declare:

• “I cancel and nullify all bonds associated with this case.”
• “I do not consent to fines, fees, probation, jail, or seizure of property.”
• “I reserve all God-given, unalienable rights, waiving none, ever.”

5. Exit the Court

• When finished, turn and walk out immediately.
• Do not acknowledge the judge, prosecutor, or bailiff — responding contracts you back into their jurisdiction.
• If blocked, assert: “Arrest the judge for treason; he has abrogated his oath of office.”

6. Legal Foundation for Relief

• FRCP Rule 60(b) provides that relief from final judgments can be sought in extraordinary cases, preserving remedies like coram nobis and audita querela.
• By placing your refusal of consent on the record, you preserve grounds for later appeals or challenges.

7. Checklist

✔️ Prepare your statement (errors + refusal).
✔️ Assert your right to allocution before sentencing begins.
✔️ Speak it orally — do not hand over a written copy.
✔️ Place trial errors and denial of due process on the record.
✔️ Refuse consent to all fines, prison, or restrictions.
✔️ Cancel all associated commercial bonds.
✔️ Reserve all unalienable rights.
✔️ Exit the courtroom without acknowledging jurisdiction.

Closing Note

Allocution is not about persuading the judge. It is about putting your declaration of rights and non-consent on the record.

Whether honored immediately or not, it preserves your standing, asserts your sovereignty, and denies the presumption of consent that courts rely upon.

Allocution represents a last assertion of sovereignty and rights at sentencing. It combines protest against due process violations with refusal to consent to punishment. Whether courts recognize it or not, allocution places a man or woman’s position firmly on the record, preserving potential remedies for later actions.

In practice, its effectiveness depends on preparation, conviction, and the willingness to stand on the principle that consent cannot be presumed when expressly withheld.

By Yusef El