This topic contains a solution. Click here to go to the answer

Author Question: Discuss the different leading cases involving ineffective assistance of counsel. How difficult is it ... (Read 15 times)

sam.t96

  • Hero Member
  • *****
  • Posts: 570
Discuss the different leading cases involving ineffective assistance of counsel. How difficult is it to prove ineffective assistance, and how might a defendant attempt to do so? Discuss the reasons that the U.S. Supreme Court has stated for its holdings in these types of cases.
 
  What will be an ideal response?

Question 2

Burglary was one of the earliest common-law crimes created by English judges during the late Middle Ages to define thefts committed by invited guests in one's home.
 
  a. True
   b. False
  Indicate whether the statement is true or false



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Zack0mack0101@yahoo.com

  • Sr. Member
  • ****
  • Posts: 341
Answer to Question 1

The different leading cases involving ineffective assistance of counsel are: (1)
United States v. Cronic (1984) which requires specific errors made by the trial
counsel (2) Strickland v. Washington (1984) which requires that the defendant
must show deficient performance by counsel and a reasonable probability that but
for such deficiency the result would have been different and (3) Lockhart v.
Fretwell (1993) which made the standard To show prejudice under Strickland, a
defendant must demonstrate that counsel's errors are so serious as to deprive him of
a trial whose result is fair or reliable, not merely that the outcome would have been
different. It is difficult to prove ineffective assistance, because the Lockhart
standard is higher than from earlier cases. A defendant must have several specific
instances when his counsel failed to do certain things in his defense, such as failure
to conduct reasonable investigation, negligent lawyer, the lawyer fell asleep during
the trial, or the counsel dropped his case without telling him. The U.S. Supreme
Court has created this evolving standard to avoid additional proceedings in a criminal
appeal based on generalities, thus requiring specific instances of conduct to support
the allegation of ineffective assistance of counsel .

Answer to Question 2

FALSE




sam.t96

  • Member
  • Posts: 570
Reply 2 on: Aug 13, 2018
Great answer, keep it coming :)


frankwu0507

  • Member
  • Posts: 322
Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

 

Did you know?

Blastomycosis is often misdiagnosed, resulting in tragic outcomes. It is caused by a fungus living in moist soil, in wooded areas of the United States and Canada. If inhaled, the fungus can cause mild breathing problems that may worsen and cause serious illness and even death.

Did you know?

Eating food that has been cooked with poppy seeds may cause you to fail a drug screening test, because the seeds contain enough opiate alkaloids to register as a positive.

Did you know?

About 3.2 billion people, nearly half the world population, are at risk for malaria. In 2015, there are about 214 million malaria cases and an estimated 438,000 malaria deaths.

Did you know?

The use of salicylates dates back 2,500 years to Hippocrates’s recommendation of willow bark (from which a salicylate is derived) as an aid to the pains of childbirth. However, overdosage of salicylates can harm body fluids, electrolytes, the CNS, the GI tract, the ears, the lungs, the blood, the liver, and the kidneys and cause coma or death.

Did you know?

Earwax has antimicrobial properties that reduce the viability of bacteria and fungus in the human ear.

For a complete list of videos, visit our video library