Author Question: Discuss the different leading cases involving ineffective assistance of counsel. How difficult is it ... (Read 26 times)

sam.t96 · **on:** Aug 13, 2018

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

Zack0mack0101@yahoo.com · **Reply #1 on:** Aug 13, 2018

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