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Whether or not a person receives the death penalty seems to fall heavily on the defense attorney. what argument does this fall under?

A) Legal precedent argument
B) Judicial bias argument
C) Ineffective assistance of counsel argument
D) Public opinion argument

User Jody Tate
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1 Answer

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Final answer:

The debate over whether a person's chances of receiving the death penalty is heavily influenced by the quality of their defense attorney is considered an Ineffective assistance of counsel argument, established in legal precedents such as Strickland v. Washington and further highlighted by the significance of the Gideon v. Wainwright case.

Step-by-step explanation:

The argument that the fate of a person receiving the death penalty largely depends on the effectiveness of their defense attorney falls under the argument of C) Ineffective assistance of counsel. This is supported by the Supreme Court case Strickland v. Washington, which established that to prove ineffective assistance, a defendant must show that counsel's performance was deficient and that this deficiency affected the outcome of the trial. Furthermore, the landmark case Gideon v. Wainwright recognized the pivotal role of competent legal representation in ensuring fair trials and extended the right to court-appointed counsel to all accused individuals facing loss of liberty.

This reflects the broader legal principle that access to quality legal defense is integral to the administration of justice. The public defender system was established as a response to these requirements, although challenges such as underfunding and caseloads persist. The principle is that without competent counsel, a person's chance of being sentenced to death may be disproportionately high, which represents an imbalance in the scales of justice and the Sixth Amendment's guarantee of effective legal counsel.

Overall, the judicial system continues to grapple with issues around capital punishment and the quality of defense afforded to those facing the most severe penalties, ensuring a dynamic legal landscape around the right to fair representation and its impact on sentencing outcomes.

User RCBian
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