Criminal Law
466 U.S. 668 (1984)
Study notes for Strickland v. Washington: professor notes, cold call prep, exam angles, and memory aids.
To prove ineffective assistance of counsel, a defendant must show that their attorney's performance was deficient and that this deficiency resulted in prejudice that affected the trial's outcome.
Strickland v. Washington is a landmark case that established the standard for effective assistance of counsel. Professors emphasize the two-pronged test that defendants must meet in order to succeed on an ineffective assistance of counsel claim: showing that their attorney's performance was deficient and that such deficiency prejudiced their defense. The case underscores the importance of competent legal representation and defines how courts evaluate whether a fundamental right has been violated during the criminal process. Professors also highlight the implications of the ruling on future case law and defense strategies in capital cases.
PRP - Performance and Prejudice for Strickland's Rule.
| Case | Distinction |
|---|---|
| United States v. Cronic | Cronic involved an automatic presumption of prejudice due to lack of counsel, whereas Strickland requires proof of both deficient performance and resulting prejudice. |
| Hill v. Lockhart | Hill addressed ineffective assistance in the context of guilty pleas but used the same Strickland framework for evaluating counsel's performance and its impact on the plea decision. |
| Roe v. Flores-Ortega | Flores-Ortega explored the effectiveness of counsel in the context of failing to file a notice of appeal, also applying the Strickland standard but focusing on the specific consequences of that failure. |
The Strickland rule promotes the constitutional right to effective legal representation, ensuring that defendants have a fair trial and that the adversarial system functions as intended.
Critics argue that the Strickland standard is too lenient, allowing courts to overlook clear instances of ineffective assistance, which can undermine the integrity of the legal process.
Strickland v. Washington frequently appears on exams regarding the Sixth Amendment and ineffective assistance of counsel claims. Students should be prepared to analyze specific situations where counsel's performance may be challenged and apply the two-pronged Strickland test to hypothetical scenarios.