What happens at oral argument in a criminal appeal?
At oral argument in a criminal appeal, both the appellant (the person asking for the appeal) and the respondent (the other party in the case) have the opportunity to present arguments to the court. Oral argument is conducted before the judges and usually takes place after all the written arguments have been filed. During oral argument, each side will present their case and discuss the legal issues involved. The appellant will typically go first, presenting their argument and reasoning to the court. They will explain why they believe the trial court should be overturned and the higher court should grant them relief. The respondent will then present their argument and explain why their position should be upheld. After both sides have presented their arguments, the judges may ask questions to clarify points of law or seek additional evidence before making a ruling. Judges may also make comments on the arguments made during argument. Ultimately, however, it is the judges who determine the outcome of the case. After oral argument, they will issue a written opinion explaining their decision.
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