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.

---

Definitions:

Moral Hazard

A situation where one party engages in risky behavior or lacks incentive to guard against risk because another party bears the consequences of that behavior.

Risk Efficiently

The optimal management of risk to maximize returns relative to the level of risk taken.

Flood Insurance

A type of insurance policy that covers property loss and damage due to flooding, often required in high-risk flood areas.

Flood Plains

Flat areas adjacent to rivers and streams that are subject to periodic flooding, often characterized by fertile soil.