What is the standard of review used in criminal appeals?

In California, the standard of review used in criminal appeals is known as the “substantial evidence test”. The test requires that the appellate court reviewing the conviction must determine whether the evidence presented at the trial, viewed in the light most favorable to the verdict, was sufficient to support the conviction. The court is required to accept all of the evidence and all reasonable inferences from it that support the conviction. The court is not allowed to reweigh the evidence or substitute its own judgment over that of the jury. Under the substantial evidence test, the appellate court typically will not reverse the conviction if the evidence presented at trial was, taken as a whole, sufficient to support the conviction. An appellate court will only reverse the conviction if there was no legally sufficient evidentiary basis for the conviction—in other words, if no reasonable jury could have found the defendant guilty beyond a reasonable doubt. The substantial evidence test is designed to ensure that the rights of criminal defendants are carefully balanced against the interests of the public in a fair criminal justice system. The test ensures that the appellate court is not substituting its own judgment over that of the jury, while also protecting defendants’ right to a fair trial and ensuring that the conviction is not based on insufficient evidence.

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What is the standard of review used in criminal appeals?

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