Criminal Justice Practice Exam

What term describes the judicial act of reviewing a sentencing decision?

1. Commutation

2. Appellate review

3. Restitution

4. Incarceration

The correct answer is: Appellate review

The judicial act of reviewing a sentencing decision is referred to as appellate review. This process allows higher courts to examine the decisions made by lower courts, including the appropriateness and legality of the sentence imposed. It ensures that the legal standards and procedures were followed and offers a mechanism for correcting any potential errors made during the original trial or sentencing phase. Appellate review is critical in upholding the integrity of the judicial system, as it provides a check on the powers of the lower courts and helps protect the rights of defendants. During appellate review, the appellate court considers legal arguments presented by the parties involved, examines the trial record, and may overturn or modify the sentence if it deems it unjust or improperly administered. In contrast, commutation refers to the reduction of a sentence, typically granted by an executive authority, and does not involve a judicial review process. Restitution is a form of financial compensation ordered by the court for victims of crime and is unrelated to the review of sentencing. Incarceration refers to the confinement of an individual as a punishment for a crime, rather than the review of how that punishment was determined. Thus, appellate review is the precise term that encapsulates the process of reviewing sentencing decisions in the judicial system.