Week 12 Discussion – The Court assumes that effective assistance
Week 12
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Respond to the two discussion questions below and post your response addressing those two questions in one post-response (be sure to identify the questions you selected in your response). This assignment is due on Friday March 25, 2024 @ 11:59. NO AI Written, also each response to each question must be at least 300.
- The Court assumes that effective assistance of counsel is present unless the adversarial process is so undermined by counsel’s conduct that the trial cannot be relied upon to have produced a just result. An accused who claims ineffective counsel must show the following: (1) deficient performance by counsel and (2) a reasonable probability that but for such deficiency the result of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 [1984]). Discuss the difficulty of successfully demonstrating point number two.
- The Supreme Court interpretation of the Sixth Amendment requires that trial juries in both federal and state criminal trials be selected from “a representative cross-section of the community.” It also guarantees trial by a jury of peers. That phrase does not mean that, say, a student facing criminal charges must have a jury of students or that female defendants must have an all-female jury. Discuss what potential problems exist in attempting to provide a defendant with a jury of persons exclusively similar to him/her. Is such an effort possible…practical? Discuss who the students would prefer to have on a jury if they found themselves to be defendants in a criminal trial.
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