| Autor: |
Genies, Eric A. |
| Zdroj: |
Criminal Law Bulletin; Nov/Dec2019, Vol. 55 Issue 6, p1002-1031, 30p |
| Abstrakt: |
Strickland v. Washington established a two-prong test for ineffective assistance of counsel cases involving a trial or sentencing phase in a capital case. The petitioner must demonstrate that the representation fell below "an objective standard of reasonableness" and must also establish prejudice by demonstrating a reasonable likelihood that the mistake affected the outcome of the proceeding. The U.S. Supreme Court has since applied Strickland to the appeals and plea-bargaining processes, including cases involving non-citizen defendants facing deportation as a result of convictions. In some instances, these cases have effectively eliminated the second prong of the test and exposed rifts amongst the Justices regarding the purpose and scope of the right to counsel. A plurality believe that protecting "the fairness and regularity of the process" is as important as protecting the reliability of convictions. A minority have argued that right is limited to "permitting the accused to employ the services of an attorney.". [ABSTRACT FROM AUTHOR] |
| Databáze: |
Supplemental Index |
| Externí odkaz: |
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