criminal procedure · claim
The legal standard for effective assistance of counsel asserts that a defendant's Sixth Amendment right is violated if their attorney performs below an objective standard of reasonableness, leading to an unfavorable outcome. This standard encompasses both the performance of the attorney and the impact on the trial's outcome.
The attorney's performance must fall below an objective standard of reasonableness.
What to prove: It must be shown that the attorney's actions or inactions were not those of a reasonably competent attorney, considering all circumstances at the time.
The defendant must demonstrate that the attorney's inadequate performance affected the outcome of the trial.
What to prove: It must be established that there is a reasonable probability that, but for the attorney's unprofessional errors, the result of the proceeding would have been different.
The burden is on the defendant to prove both elements (performance and prejudice) by a preponderance of the evidence standard.
Students should focus on the Strickland two-prong test when discussing effective assistance claims. Be prepared to analyze hypotheticals involving attorney performance and its impact on trial outcomes.