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How difficult of a burden does the defendant face to show ineffective assistance of counsel?

User Simson
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Answer:

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User Pierre Chavaroche
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Final answer:

To show ineffective assistance of counsel, a defendant must meet a two-pronged test outlined in the case of Strickland v. Washington.

Step-by-step explanation:

In order to show ineffective assistance of counsel, a defendant must meet a two-pronged test outlined in the case of Strickland v. Washington. Firstly, the defendant must show that their lawyer's performance fell below an objective standard of reasonableness. Secondly, the defendant must prove that their lawyer's deficient performance resulted in a reasonable probability that the outcome of the proceeding would have been different if their lawyer had performed adequately.

The burden on defendants to prove ineffective assistance of counsel can be challenging, as they need to demonstrate not only that their lawyer made mistakes, but also that these mistakes affected the outcome of the case. However, if a defendant is successful in meeting this burden, they may be entitled to relief, such as a new trial or the overturning of their conviction.

User SkyWriter
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