In Strickland, Justice O'Connor articulated a two-part test to determine whether an ineffective assistance of counsel claim
Question:
In Strickland, Justice O'Connor articulated a two-part test to determine whether an ineffective assistance of counsel claim warranted a reversal of a trial conviction. Please select the answer that best describes the Strickland test.
A) First, a defendant must demonstrate that the attorney's performance was deficient as evidenced by a violation of specific guidelines governing the function of defense representation. Second, the defendant must illustrate that the circumstances surrounding the trial support a presumption that counsel was ineffective.
B) First, a defendant must demonstrate that the attorney made a strategic decision that was reasonable at the time of trial, but in hindsight proved to be erroneous. Second, the defendant must show that he/she was prejudiced by the erroneous strategy under a clear and convincing standard of proof.
C) First, a defendant must demonstrate that the attorney was objectively deficient through a reasonably effective assistance analysis that is guided by prevailing norms and consideration of all circumstances relevant to counsel's performance. Second, the defendant must show that he/she was actually prejudiced to the point that confidence in the fairness of the proceeding's outcome has been undermined.
D) First, a defendant must demonstrate that the attorney was not his preferred option of representation. Second, the defendant must show that if he/she would have had a more skilled attorney, there is a strong likelihood that he would have not been convicted.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts