Effective Assistance of Counsel (From Criminal Justice Administration Cases and Materials, Fourth Edition, P 1097-1138, 1991, Frank W Miller, Robert O Dawson, et al. -- See NCJ-129355)

• NCJ Number: 129379
• Author(s): F W Miller; R O Dawson; G E Dix; R I Parnas
• Date Published: 1991
• Length: 42 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

The U.S. Supreme Court cases presented pertain to the right to have counsel be "effective" and self-representation and the waiver of sixth amendment rights.

Abstract

In United States v. Cronic (1984), the U.S. Supreme Court ruled that the claim of ineffective counsel must be established by showing specific errors by counsel that impacted the trial's outcome. Time used in trial preparation and an attorney's previous experience do not in themselves establish counsel's ineffectiveness. In Strickland v. Washington (1984), the U.S. Supreme Court considered whether the U.S. Constitution requires a conviction or death sentence to be set aside because counsel's assistance at the trial or sentencing was ineffective. The Court held that failure to make the required showing of either deficient counsel performance or sufficient prejudice defeated the petitioner's ineffectiveness claim. In Faretta v. California (1975), the U.S. Supreme Court held that a State may not constitutionally hail a person into its criminal courts and there force a lawyer upon him/her, even when the defendant insists upon conducting his/her own defense. Case notes are provided.