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Criminal Procedure • 14th Amendment
CRIMPRO#047
Legal Definition
To prove ineffective assistance of counsel, the defendant must show (1) deficient performance by counsel and (2) but for the deficiency, the result of the proceeding would have been different. The defendant must point out particular errors.
Plain English Explanation
Being an attorney is pretty great. I feel like it's the closest thing we'll ever get to living in the Harry Potter universe, where you're sent to school to learn a bunch of fancy dead Latin phrases that, if recited correctly, can summon the full force and sovereignty of the United States government. But my goodness does the liability suck. Attorneys are held to a pretty high standard. After all, they hold their client's fate in their hands. The law expects attorneys to act prudently and effectively. If they don't, and if they act poorly enough that it has an actual impact on their client losing their case, then the defendant has an argument that their 6th Amendment right to effective counsel was violated, which can lead to the conviction being overturned.
Note that this doesn't mean attorneys can't make mistakes, or are expected to be 100% perfect in their service. Rather, look out for blatant examples of incompetence, like failing to file things on time, or failing to read things that were well within the ability to have been read if the attorney cared enough (like a defendant's file or record).
Note that this doesn't mean attorneys can't make mistakes, or are expected to be 100% perfect in their service. Rather, look out for blatant examples of incompetence, like failing to file things on time, or failing to read things that were well within the ability to have been read if the attorney cared enough (like a defendant's file or record).
Related Concepts
How may a defendant withdraw a guilty plea?
What are the procedural limitations on death penalty statutes?
What happens if a pre-trial identification technique is too unnecessarily suggestive?
What is the 6th Amendment Right to a Speedy Trial, and how is a violation of this right determined?
What is the effect of the 14th Amendment right to due process on self-incriminating statements?
What is the proper procedure for submitting a guilty plea?
What is the prosecutorial duty to disclose exculpatory information?
What is the right to a jury trial?
What is the right to an unbiased judge?
What is the right to confront witnesses?
What must you generally know about grand jury proceedings?
When are bail issues appealable?
When is a co-defendant's confession admissible when it implicates another defendant?
When is a defendant not competent to stand trial?
When may a defendant be denied the right to counsel?
When may a defendant represent themself?
