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Effective assistance of counsel is a right guaranteed for criminal defendants under the Sixth Amendment. The purpose of this guarantee is to increase the fairness and likelihood of justice ultimately being reached in a criminal justice system that places private individuals and the government in an adversarial position.
Additionally, the Sixth Amendment’s right to effective assistance attaches directly to the fidelity and competence of defense counsel’s services, regardless of whether counsel is appointed or privately retained or whether the government in any way brought about the defective representation.
Richardson, the Court held that “the right to counsel is the right to the effective assistance of counsel.” 1. This right to effective assistance may be implicated in at least three ways. 2.
Overview of the Right to Effective Assistance of Counsel. Deprivation of Effective Assistance of Counsel by Court Interference. Deprivation of Effective Assistance of Counsel in Joint Representation. Deprivation of Effective Assistance of Counsel by Defense Counsel. Deficient Representation under Strickland.
1 This right to effective assistance has two aspects. First, a court may not restrict defense counsel in the exercise of the representational duties and prerogatives attendant to our adversarial system of justice. 2 Second, defense counsel can deprive a defendant of effective assistance by failing to provide competent representation that is ...
12.7 Right to Effective Assistance of Counsel. A. Cases in which Right Arises. Generally. “A defendant’s right to counsel includes the right to the effective assistance of counsel.” State v. Braswell, 312 N.C. 553, 561 (1985).
Strickland v. Washington, 466 U.S. 668 (1984) The appropriate standard for ineffective assistance of counsel requires both that the defense attorney was objectively deficient and that there was a reasonable probability that a competent attorney would have led to a different outcome.