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Ineffective Assistance Of Counsel
In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Ineffectiveness claims may only be brought where the defendant had the right to counsel, ordinarily during the critical stages of a prosecution. Having the "benefit of counsel" or "assistance of counsel" means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things: # Deficient performance by counsel # Resulting prejudice, in that but for the deficient performance, there is a “reasonable probability ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction (law)
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assistance Of Counsel Clause
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself ''pro se''. Attachment at critical stages As stated in '' Brewer v. Williams'', , the right to counsel “means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.'” ''Brewer'' goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strickland V
Strickland may refer to: Name * Strickland (surname) Places Australia * Strickland, Tasmania, a locality Canada * Fauquier-Strickland, Ontario * Mount Strickland, Yukon Papua New Guinea * Strickland River, Western Province United Kingdom Places in Cumbria, England: * Strickland Ketel * Strickland Roger * Great Strickland * Little Strickland United States * Strickland, Wisconsin, a town * Strickland (community), Wisconsin, an unincorporated community within Strickland, Wisconsin Court cases * ''Strickland v Rocla Concrete Pipes Ltd'', a 1971 High Court of Australia case * ''Strickland v. Sony'', a 2005 case in Alabama * ''Strickland v. Washington'', a 1984 US Supreme Court case Other uses * Strickland Propane, a fictional business run by Buck Strickland in the television series ''King of the Hill'' * Strickland's Frozen Custard Strickland's Frozen Custard is an American ice cream chain, based in Akron, Ohio with 5 locations in Ohio. The chain was founded in 1936 by Bill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in '' Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Univer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harmless Error
In United States law, a harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context. Evidentiary errors are subject to harmless error analysis, under Federal Rule of Evidence 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.") The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of ''Earll v. State of Wyoming'', the Wyoming Supreme Court distinguished between reversible error (which requires a conviction be overturned) and harmless error (which does not), as follows: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gideon V
Gideon (; ) also named Jerubbaal and Jerubbesheth, was a military leader, judge and prophet whose calling and victory over the Midianites are recounted in of the Book of Judges in the Hebrew Bible. Gideon was the son of Joash, from the Abiezrite clan in the tribe of Manasseh and lived in Ephra (Ophrah). As a leader of the Israelites, he won a decisive victory over a Midianite army despite a vast numerical disadvantage, leading a troop of 300 "valiant" men. Archaeologists in southern Israel have found a 3,100-year-old fragment of a jug with five letters written in ink that appear to represent the name Jerubbaal, or Yeruba'al. Names The nineteenth-century Strong's Concordance derives the name "Jerubbaal" from "Baal will contend", in accordance with the folk etymology, given in . According to biblical scholar Lester Grabbe (2007), " udges6.32 gives a nonsensical etymology of his name; it means something like 'Let Baal be great. Likewise, where Strong gave the meaning " hewer" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glover V , an association football club nicknamed the "Glovers"
{{disambig, geo ...
Glover may refer to: *A maker of gloves Places In the United States: *Glover, Missouri * Glover, North Dakota *Glover, Vermont, a New England town **Glover (CDP), Vermont, the main village in the town * Glover, Wisconsin * Glover Bluff crater, an impact crater in Wisconsin * Glover's Rock, New York, the rock where George Washington and John Glover stood during the Battle of Pell's Point in the American Revolutionary War Other uses * Glover (surname) * ''Glover'' (video game) *Yeovil Town F.C. Yeovil Town Football Club is a professional association football club based in the town of Yeovil, Somerset, England. The team competes in the , the fifth tier of the English football league system. The club's home ground is Huish Park, built i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Consequences Of Criminal Conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Padilla V
Padilla may refer to: Places * Padilla Municipality, Tamaulipas, in the Mexican state of Tamaulipas * Padilla, Cauca, in Colombia * Padilla, Bolivia * Moises Padilla, Negros Occidental, in the Philippines * Padilla Bay, in the U.S. state of Washington * Padilla de Abajo, in Spain * Padilla de Arriba, in Spain Other uses * Padilla (surname) * '' Padilla v. Kentucky'', a United States Supreme Court case pertaining to the immigration consequences faced by lawful permanent residents who are convicted of crimes, and their rights to be warned of those consequences * '' Rumsfeld v. Padilla'', a United States Supreme Court case pertaining to the War on Terror and defendant José Padilla * Padilla (cigar brand), a brand of cigars launched in 2003 by Ernesto Padilla * ''Padilla'' (spider), a genus of jumping spiders * ''Almirante Padilla''-class frigate, a class of four ships of the Colombian Navy {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
