Law School

Criminal Procedure Part Six: The Right to Counsel and Fair Trial Guarantees: The Sixth Amendment

Jan 17, 2026
Explore the complexities of the Sixth Amendment and its crucial right to effective counsel. Discover the Strickland v. Washington case and its two-pronged test for proving ineffective assistance. Delve into structural errors that bypass the need for proving prejudice and understand how plea bargaining influences counsel duties. The discussion highlights the tension between judicial and prosecutorial misconduct, advocating for systemic reforms. Gain insights into the implications of client autonomy and the nuances of legal representation within a flawed system.
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INSIGHT

Strickland's Two-Prong High Bar

  • Strickland v. Washington creates a conjunctive two-part IAC test: deficiency and prejudice.
  • Courts require a reasonable probability that errors undermined confidence in the outcome.
ADVICE

Use A Three-Path Deficiency Checklist

  • First check for per se errors like conflicts, autonomy violations, or clear legal ignorance.
  • Next look for investigation failures, then apply the deferential totality-of-the-circumstances test.
ANECDOTE

Hinton's Funding Mistake Killed The Defense

  • In Hinton, counsel failed to obtain a qualified expert due to a mistaken belief about funding caps.
  • That ignorance was deemed unreasonable and showed presumed deficient performance.
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