CJ 100 Lecture 56: Ineffective Assistance of Counsel
Ineffective Assistance of Counsel
In Strickland v. Washington (1984), the U.S. Supreme Court declared that the Sixth Amendment
guarantee of assistance of counsel means effective assistance. To prevail on an appeal based
on the claim of ineffective assistance of counsel, the appellant (the person who appeals) must
prove that his or her attorney's performance was deficient, that the attorney's substandard
performance prejudiced the case, and that it was likely that, but for the attorney's errors, the
result would have been different. Strickland puts the burden of proof on the appellant to prove
that his or her lawyer's assistance was ineffective. In a powerful dissent, Justice Thurgood
Marshall (who was no slouch as an appellate lawyer, winning 29 of 32 cases that he argued
before the Supreme Court) claimed that the majority's standard of “reasonably effective
assistance” is too ambiguous. He asserted that it is very difficult, if not impossible, to determine
whether the outcome of a case would have been different if the defense lawyer had been
competent.
Several problems result from ineffective assistance of counsel. First, ineffective
assistance produces unjust convictions and wrongful executions. Second, it creates an
imbalance in the adversary process, which heightens the chances of governmental
abuses of power and undermines fundamental constitutional rights. Third, it thwarts
achievement of the goal of equal justice. Due to the gross underfunding of legal
services for the poor, the failure to provide effective assistance draws a line between
rich and poor. Since a disproportionately large number of persons who avail themselves
of legal services for the poor are racial minorities, the impact of ineffective assistance of
counsel falls heavily upon African Americans and other racial/ethnic minorities.‐
The cause and the solution
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Document Summary
In strickland v. washington (1984), the u. s. supreme court declared that the sixth amendment guarantee of assistance of counsel means effective assistance. Strickland puts the burden of proof on the appellant to prove that his or her lawyer"s assistance was ineffective. Marshall (who was no slouch as an appellate lawyer, winning 29 of 32 cases that he argued before the supreme court) claimed that the majority"s standard of reasonably effective assistance is too ambiguous. He asserted that it is very difficult, if not impossible, to determine whether the outcome of a case would have been different if the defense lawyer had been competent. Several problems result from ineffective assistance of counsel. First, ineffective assistance produces unjust convictions and wrongful executions. Second, it creates an imbalance in the adversary process, which heightens the chances of governmental abuses of power and undermines fundamental constitutional rights. Third, it thwarts achievement of the goal of equal justice.
