2min chapter

5-4 cover image

Strickland v. Washington

5-4

CHAPTER

Ineffective Assistance Cases

I think it's important to remember that there are valid concerns about equal protection here too. If wealthier people have grossly disproportionate access to effective counsel and therefore their constitutional rights, that seems like a fairly cut and dry violation of the 14th Amendment’s guarantee of equal protection under the law. I want to mention that ineffective assistance cases are generally viewed through the lens of the Fifth and Sixth Amendment due process. The Equal Protection Clause, as it is currently interpreted, is just like a hollowed out shell of what it could and should be. But just another reminder ofwhat it could mean in a world where it was given real force.

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