Proffer

Proffer is a term that functions as both a verb and a noun. As a verb, to proffer means to present or offer for acceptance or consideration. As a noun, a proffer is the offer itself or the act of presenting something for consideration. In everyday usage, proffer usually implies a deliberate, more formal offer than a casual suggestion.

Etymology and sense: The word derives from Old French proferer and Latin roots meaning to bring forward or bear forward. Over time, it has retained a sense of presenting something for evaluation or approval.

General usage: In ordinary writing, one might say that someone proffered a solution or proffered an explanation. The phrase “proffered evidence” is common in legal contexts, where it refers to evidence the party aims to present to a court for potential admission or consideration.

Legal context: In U.S. law, a proffer of evidence is a statement or submission of what evidence would show, often made outside the jury’s presence to determine admissibility or to brief the court on anticipated testimony. A proffered statement is not itself binding, but it can shape rulings on admissibility. In criminal practice, a cooperation proffer may be offered by a defendant (sometimes under a formal or informal agreement) in exchange for potential leniency or favorable treatment, based on the value of the information provided. Such proffers may be carefully documented but do not guarantee outcomes.

See also: offer, proposal, submission, evidence, cooperation agreement.