Having the "benefit of counsel" or "assistance of counsel" means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things:
- Deficient performance by counsel
- Resulting prejudice, in that but for the deficient performance, there is a “reasonable probability” that the result of the proceeding would have differed.
The foregoing test was set forth in (1984). In dissent, Justice Thurgood Marshall objected that the two-prong Stricklandtest was too permissive of attorney poor performance, and that the prejudice prong, in applying a form of review, would withhold relief from defendants who did not receive a fair trial, but for whom other evidence existed of their guilt. Scholars have often argued that the poor quality of appointed counsel imperils the right to counsel as guaranteed by .
guys that are nameless want all laws applied equally to all ppl.
my buddy Chris took over for Larry fassler. Justice bought and sold
let’s read up on how our judicial system is bought and sold… silent money.
I seem crazy,
as long as the gettinzz good it’s all good
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