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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 Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction (law)
In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. 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 including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes 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. In some judicial systems, the prosecution ma ... [...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 when a de ... [...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 all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including 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 ... [...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 ''King of the Hill'' is an American animated sitcom created by Mike Judge and Greg Daniels that initially aired on Fox Broadcasting Company, Fox from January 12, 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thurgood Marshall
Thoroughgood "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 was a prominent figure in the movement to end racial segregation in American public 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, Mar ... [...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 is recounted in of the Book of Judges in both the Hebrew Bible and the Christian 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 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 gav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glover V
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'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), ''Glover'' (video game) *Yeovil Town F.C., an association football club nicknamed the "Glovers" {{disambig, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCoy V
McCoy, McCoys or McCoy's may refer to: Places United States * McCoy, Colorado, an unincorporated town * McCoy, Oregon, an unincorporated community * McCoy, Atascosa County, Texas, an unincorporated community * McCoy, Kaufman County, Texas, an unincorporated community * McCoy Mountains, southern California * McCoy Air Force Base, near Orlando, Florida * Fort McCoy, Wisconsin, a United States Army base * Lake McCoy, south of Lake Placid, Florida Canada * McCoy Lake, near Port Alberni, British Columbia Arts and entertainment * ''McCoy'' (TV series), an American series that aired during the 1975–1976 season * The McCoys, an American 1960s rock band * McCoy (band), a British heavy metal band * '' The Real McCoys'', an American sitcom that aired during 1957–1963 People and fictional characters * McCoy (surname), including a list of people and fictional characters with the surname * McCoy McLemore (1942–2009), American National Basketball Association player * McCoy Tyner ... [...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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
