In the realm of criminal law, the right to effective assistance of counsel is paramount. In the landmark case of Strickland v. Washington, 104 S.Ct. 2052 (1984), the U.S. Supreme Court established a two-pronged test to determine whether a defendant received constitutionally inadequate representation by their attorney. In this post well break down both prongs of the Strickland test.

What is the Strickland Test?

In Strickland v. Washington, the U.S. Supreme Court established a two-pronged test, often referred to as the Strickland test, to determine if counsel was ineffective. The two prongs are:

1. Deficient Performance: This first prong requires a defendant to demonstrate that their attorney’s performance fell below an objective standard of reasonableness. This assessment considers prevailing professional norms and practices. I.e., What would other practicing attorneys have done?
2. Prejudice: This second prong mandates that the attorney’s deficient performance prejudiced the defendant’s case, meaning it undermined the reliability of the trial’s outcome. The defendant must prove that there is a reasonable probability that, but for the attorney’s errors, the result of the trial or proceeding would have been different.

For a court to determine that counsel was ineffective, a defendant must prove both of these prongs.

Application of the Strickland Test

Court’s analyze the specific circumstances of each case when applying the Strickland test. They consider factors such as the complexity of the case, available evidence, and the impact of the attorney’s actions or omissions on the trial’s outcome.

Examples of Ineffective Assistance

Some examples of ineffective assistance of counsel can include:

1. Failure to investigate crucial evidence
2. Providing incorrect legal advice
3. Incompetence during trial proceedings
4. Conflict of interest  and,
5. Failing to present mitigating evidence at sentencing.

For a comprehensive topical listing of areas wherein counsel was found ineffective, I encourage you to review my post, 125 IAC Issues to Address.

My Final Thoughts

The Strickland v. Washington test serves as a cornerstone in evaluating claims of ineffective assistance of counsel, ensuring that defendants receive fair treatment under the law. By establishing clear criteria for assessing attorney performance, this test upholds the fundamental principles of justice and due process.

If you, or someone you know, will be presenting a claim of ineffective assistance of counsel, our book, The Colossal Book of Criminal Citations, is a crucial resource filled with supporting legal references. Our books are softcover and institutional friendly, in stock, and ready for immediate shipping. Order your copy today, or on behalf of someone incarcerated.