Which of the Following Most Accurately Describes the Constitutional Standard

question 55

Multiple Choice

Which of the following most accurately describes the constitutional standard articulated in 1984 by the U.S. Supreme Court in Strickland v. Washington for determining whether a defendant received ineffective assistance of counsel?

• A) Whether counsel's efforts in representing the defendant were so incompetent as to constitute a "farce or mockery of justice."
• B) Whether the "totality of circumstances" of the defendant's trial evidenced a strategy by defense counsel disfavored by the judge who conducted the trial.
• C) Whether defense counsel made errors so serious that he or she was not properly functioning as guaranteed by the 6th Amendment, and whether such deficient performance prejudiced the defense.
• D) Whether the defense counsel's decision in advising the defendant not to testify in his or her behalf was a prudent strategy for the defense.

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Definitions:

Affect Heuristic

The tendency to consult one’s emotions instead of estimating probabilities objectively.

Estimating Probabilities

The process of determining the likelihood of a given outcome or event occurring.

Emotions

Complex psychological states that involve three distinct components: a subjective experience, a physiological response, and a behavioral or expressive response.

Statistical Effectiveness

Describes the extent to which a particular intervention or treatment has been proven to work, based on statistical analysis.