Procedure | Resources | Sec. 8.3

Fundamentals of Procedural Law by Adam J. McKee

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Reading Assignment for Section 8.3

Read the following subsection from our online textbook: Section 8.3: Ineffective Assistance of Counsel.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll examine the right to effective assistance of counsel, a cornerstone of the Sixth Amendment that ensures fairness in criminal trials. You’ll learn how this right has evolved through landmark cases like Gideon v. Wainwright and Strickland v. Washington, and how the two-pronged Strickland test is applied in claims of ineffective counsel. Additionally, you’ll explore the challenges of proving these claims and their broader implications for legal ethics and public trust in the judicial system.

Student Learning Outcomes for Section 8.3

  • SLO 1: Explain the constitutional foundation of the right to effective assistance of counsel under the Sixth Amendment and its significance in ensuring fairness and justice in criminal trials.
  • SLO 2: Analyze key Supreme Court decisions, including Powell v. Alabama, Gideon v. Wainwright, and Strickland v. Washington, to trace the evolution and interpretation of the right to effective counsel.
  • SLO 3: Apply the two-pronged test established in Strickland v. Washington to determine whether a claim of ineffective assistance of counsel meets the legal standards of deficient performance and prejudice to the defense.
  • SLO 4: Identify and evaluate the remedies available for ineffective assistance of counsel, including reversal of conviction, resentencing, modification of plea agreements, habeas corpus relief, and civil damages.
  • SLO 5: Assess the challenges involved in proving ineffective assistance of counsel and the broader implications for legal ethics, professional responsibility, and public confidence in the judicial system.

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Last Updated:  01/11/2025

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