ineffective assistance of counsel
- ineffective assistance of counsel
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in·ef·fec·tive assistance of counsel: representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial
claimed ineffective assistance of counsel following his conviction – called also ineffective assistance;
◇ Ineffective assistance of counsel is a violation of the guarantee of the assistance of counsel that is provided in the Sixth Amendment to the U.S. Constitution. A claim of ineffective assistance of counsel may be brought as a result of government interference with the attorney-client relationship that precludes effective representation, as when an informant is present during conversations between the attorney and the defendant. The existence of a conflict of interest on the part of the attorney may also be the basis for a claim. Most claims are, however, based on the attorney's failure to provide competent representation. Competent representation does not require the best representation, only a performance that is reasonable under prevailing professional norms.
Merriam-Webster’s Dictionary of Law.
Merriam-Webster.
1996.
- ineffective assistance of counsel
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Representation of a criminal defendant, at trial or on appeal, by a court-appointed lawyer or a retained lawyer, that involved errors that were so serious that they resulted in the denial of a fair trial. Most errors do not rise to the level of ineffective assistance, though some are (such as failing to investigate the defendant's background in a death-penalty case, where the evidence might have led jurors to impose a sentence of life without parole instead of death).
Category: Criminal Law
Category: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary.
Gerald N. Hill, Kathleen Thompson Hill.
2009.
- ineffective assistance of counsel
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Webster's New World Law Dictionary.
Susan Ellis Wild.
2000.
Look at other dictionaries:
Ineffective assistance of counsel — is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. In order to prevail on such a… … Wikipedia
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effective assistance of counsel — The right of a criminal defendant or appellant to have competent legal representation, whether the lawyer was appointed by the court or retained by the defendant. In general, competent legal representation is without errors that would result in… … Law dictionary
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effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… … Black's law dictionary
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