Commonwealth v. Jones

A right of allocution at the time of sentencing is not extended to a defendant by Mass.R.Crim.P. 28(b), 378 Mass. 898 (1979). Although rule 28(b) is patterned after Fed.R.Crim.P. 32(a) (2), the provisions of the two rules differ substantially. The Federal rule mandates that the court “address the defendant personally and ask him if he wishes to make a statement.” See Green v. United States, 365 U.S. 301 (1961). “The Federal Rule has been significantly modified so as to conform to existing Massachusetts practice,” Reporters’ Notes to Mass.R.Crim.P. 28, Mass. Ann. Laws, Rules of Criminal…