GCCCD Most Common Effective and Ineffective Assistance of Counsel Questions
Question Description
Start by reading pages 265-266 in the book about ” Effective and Ineffective Assistance of counsel.” Then read the PDF file about wrongful convictions involving ineffective assistance of counsel in our module (it’s pasted below as well).
Ineffective Assistance of Counsel.pdf
Then answer the following questions:
1. What is the 2 pronged test from Strickland v. Washington (on pages 265)? Explain why each of the 2 prongs is important.
2. Looking at the Ineffective Assistance of Counsel document, what are the five most common ineffective assistance of counsel claims? In other words, what do defense attorneys do wrong that are claimed to be ineffective?
3. Chose the one that you believe is the most problematic for defendants and tell us why.
4. Lastly, choose one of the cases/defendants introduced in the second half of the document who were ultimately exonerated. Read about their case and then do some research on them. Read at least on other article/source about their case. Tell us about their case and what their attorney did that was ineffective and how long they were incarcerated.
https://en.wikipedia.org/wiki/Strickland_v._Washin…
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Courts in the News (Helping Victims Who Cannot Help Themselves on page 280 (POST)
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Start by reading the “Courts in the News” box on page 280. Answer the questions at the end of the box. Be specific about what charges could be brought against the owners and what you think the sentences should be.
This link provides more infomation on this case: https://www.nytimes.com/interactive/2014/03/09/us/the-boys-in-the-bunkhouse.html
Some people criticize lawyers as people interested only in money. But does this case show that they actually perform an important public service, helping those who cannot help themselves?
Should criminal charges be brought against the owners in this case? If yes, what would they be?
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