Discuss the Different Leading Cases Involving Ineffective Assistance of Counsel

Question

Examlex · Accepted Answer

The Answer is 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 .

Discuss the Different Leading Cases Involving Ineffective Assistance of Counsel

Definitions: