I got a listener question about the Bryan Kohberger sentencing and a comment President Trump made on social media. Trump suggested that the judge should force Kohberger to explain why he committed such terrible crimes—but is that really something a judge can do?

Drawing on my own experience practicing law in Ohio, I’ll walk you through the ins and outs of plea hearings, what rights a defendant actually has at sentencing, and the concept of allocution. I’ll break down how things typically work in the courtroom, whether a judge can—or should—demand an explanation from the defendant, and what it means for the justice system as a whole.

00:00 Can Judge Make Defendant Explain?

04:44 Judge's Discretion in Plea Agreements

06:34 "Case Closed, Open for Questions"

Here are three key takeaways:

• Defendants Can’t Be Forced to Explain Motives: Judges generally cannot compel a defendant to state why they committed a crime, except in limited plea scenarios. The primary focus is often on whether the guilty plea itself is backed by factual acknowledgment, not personal motivation.
• The Right of Allocution Is Standard, But Not Mandatory: Defendants have the right to speak (“allocute”) before sentencing—whether to apologize, explain, or even decline to say anything at all. However, most courts won’t force them to do so, and this right is widely but not constitutionally recognized.
• Withholding Explanation Can Influence Sentencing: While silence is an option, judges have the discretion to reject plea agreements or impose harsher sentences if a defendant withholds information the court finds important.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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