What is the standard of review in a criminal appeal?

The standard of review in a criminal appeal is used to measure the level of scrutiny that will be used to review a decision from a lower court. In Virginia, the standard of review for criminal appeals is “substantial evidence.” Substantial evidence is evidence that is credible and lawful, and enough to prove that the decision of the lower court was correct. When deciding a criminal appeal, the higher court will review the evidence presented in the lower court to determine if it was sufficient to support the lower court’s decision. If the substantial evidence is sufficient to support the lower court’s decision, then the higher court will affirm the decision and uphold the conviction. However, if the substantial evidence is not enough to support the lower court’s decision, then the higher court may reverse the decision and remand the case for a new trial or order the lower court to take further action. The standard of review used in criminal appeals in Virginia serves to ensure that criminal convictions are held to the highest legal standards. It protects the accused by making sure that the relevant evidence is taken into consideration and that the decisions made by the courts are correct and justified.

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