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Practice
Ineffective assistance of counsel
and the rights of immigrants
Constitutional Protections in
Criminal Cases
Right to effective assistance of
counsel
Public defenders
Right to counsel in removal
(deportation) cases
Ch. 2 Ineffective assistance and
the lawyer client relationship
Ineffectiveness of Counsel
Justice Black:
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McMann v. Richardson,
397 U.S. 759, 771
Ch. 2 Ineffective assistance and
the lawyer client relationship
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(1970)
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Maxims
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Objective test
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Testing Effectiveness in
an Adversarial System
Should professional practice
standards provide bright line
rules for courts?
Ch. 2 Ineffective assistance and
the lawyer client relationship
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Competent representation
requires the legal knowledge,
skill, thoroughness and
preparation reasonably
Ch. 2 Ineffective assistance and
the lawyer client relationship
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Mental Health
Post-Conviction Remedies
Pretrial Release
Prosecution Function
NEW:
Prosecutorial Investigation
s
Sentencing
Speedy Trial
Technologically-Assisted Ph
ysical Surveillance
Trial
Ch. 2 Ineffective assistance
and by Jury
the lawyer client relationship
Urban Police21Function
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Places to search:
School records
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Prejudice
Strickland v. Washington (U.S. 1984)
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Reasonable competence
Strickland v. Washington (U.S. 1984)
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Reasonable competence
Strickland v. Washington (U.S. 1984)
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Reasonable competence/fundamental
fairness
Strickland v. Washington (U.S. 1984)
A reasonable probability is a
probability sufficient to
undermine confidence in the
justness of the outcome.
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An adversary proceeding in a
criminal trial entitles one to
reasonably effective
assistance of counsel
Ch. 2 Ineffective assistance and
the lawyer client relationship
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Asserting ineffectiveness
Strickland v. Washington (U.S. 1984)
Specificity required
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Immigrants rights
Is deportation punishment?
All persons subject to removal have
the right to due process?
Should they have a Gideon-type right to
counsel?
Are asylum applicants different?
Children brought here by parents?
Undocumented parents of children born
here? Raised Here?
Ch. 2 Ineffective assistance and
the lawyer client relationship
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