Determine whether counsel was ineffective

Reference no: EM133709980

Question

To determine whether counsel was ineffective, courts use a two-pronged test from *Strickland v. Washington*. First, the defendant must show that the attorney's performance was deficient, meaning it fell below an objective standard of reasonableness. Second, they must prove that this deficient performance prejudiced the defense, resulting in an unfair trial. The level of incompetence necessary is quite high; the errors must be so serious that they deprived the defendant of a fair trial. What are some examples of attorney actions that might meet this standard?

Reference no: EM133709980

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