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

Author Question: In what ways does plea bargaining affect the defendant? What will be an ideal ... (Read 73 times)

Jkov05

  • Hero Member
  • *****
  • Posts: 556
In what ways does plea bargaining affect the defendant?
 
  What will be an ideal response?

Question 2

What must a defendant show in order to succeed with an ineffective assistance of counsel claim?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

CharlieArnold

  • Sr. Member
  • ****
  • Posts: 319
Answer to Question 1

The defendant who accepts an offer to plead guilty often faces consequences besides a reduced sentence or charge. Important rights are often waived, such as the right to appeal, the right to a jury trial, and the privilege against self-incrimination. Also, if the defendant supplies inaccurate information during the course of plea negotiations, he or she may not benefit from lenient treatment. Furthermore, in exchange for pleading guilty, the prosecution may require that the defendant testify against a codefendant.

Answer to Question 2

The two prongs announced in this case are now known as the performance prong and the prejudice prong. Most cases have focused on the performance prong. The Court noted in Strickland that the proper measure of attorney performance remains simply reasonableness under prevailing professional norms. Defense counsel's performance will be considered adequate if he or she avoids conflicts of interest, serves as an advocate for the defendant's case, and brings to bear such skill and knowledge as will render the trial a reliable adversarial testing process.

With regard to the prejudice prong, the Court stated in Strickland that actual or constructive denial of the assistance of counsel and various kinds of state interference with counsel's assistance are legally presumed to result in prejudice. State interference of this sort can occur when the defendant is either denied counsel or provided with counsel too late. Also, if the state blocks counsel's performance to some degree or otherwise interferes with the attorneyclient relationship, an ineffective assistance of counsel claim is likely to succeed. In other words, such action is prejudicial.




CharlieArnold

  • Sr. Member
  • ****
  • Posts: 319

 

Did you know?

Fewer than 10% of babies are born on their exact due dates, 50% are born within 1 week of the due date, and 90% are born within 2 weeks of the date.

Did you know?

Historic treatments for rheumatoid arthritis have included gold salts, acupuncture, a diet consisting of apples or rhubarb, nutmeg, nettles, bee venom, bracelets made of copper, prayer, rest, tooth extractions, fasting, honey, vitamins, insulin, snow collected on Christmas, magnets, and electric convulsion therapy.

Did you know?

Approximately one in three babies in the United States is now delivered by cesarean section. The number of cesarean sections in the United States has risen 46% since 1996.

Did you know?

ACTH levels are normally highest in the early morning (between 6 and 8 A.M.) and lowest in the evening (between 6 and 11 P.M.). Therefore, a doctor who suspects abnormal levels looks for low ACTH in the morning and high ACTH in the evening.

Did you know?

After a vasectomy, it takes about 12 ejaculations to clear out sperm that were already beyond the blocked area.

For a complete list of videos, visit our video library