What is the standard of review used in criminal appeals?

In South Carolina, when a criminal appeal is filed, the standard of review used is known as the ‘’de novo’’ review. The term ‘’de novo’’ is a Latin phrase meaning ‘’from the beginning’’ or ‘’afresh.’’ It means that the appellate court will review the case as if it had never been looked at before. This means that the court will completely ignore the decision that was made at the trial level and start the review process from the beginning, taking into account all the evidence, arguments, and legal theories that were presented. The appellate court will then look at the facts of the case and the legal arguments and come to its own determination on the outcome. In de novo review, the appellate court does not give deference to the decision that was made at the trial level. Instead, all of the evidence and arguments are weighed equally and the appellate court is free to make its own decision. This can sometimes result in a different outcome than what happened at the trial level, depending on the facts of the case and the arguments put forth. The de novo standard of review is used in criminal appeals in South Carolina for the most part, though there can be other standards used depending on the type of case. This standard of review is meant to help ensure that the decision of a criminal case is based on the facts and arguments presented, not just on the ruling of the trial court.

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What is the standard of review used in criminal appeals?

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