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The 6 th Amendment states that . . . the accused shall enjoy the right...to have the Assistance of Counsel for his defence. 1
The th Amendment states that the accused shall enjoy the right...to have the Assistance of Counsel for his defence." How does the US Supreme Court currently understand the right to "the assistance of counsel"? Which defendants have this right and which do not? Use both the text and Gideon v Wainwright to answer these questions Explain the US Supreme Court's Two Step Test for determining whether a defendant had ineffective counsel to the point that their th Amendment right was violated. Use the text and Strickland v Washington to answer this question Finally, consider Strickland's claim that he had ineffective counsel. Do you agree with him? Or do you agree with the Court that Strickland's lawyer was "within the range of competence" and therefore Strickland's th Amendment rights were not violated? Doesn't the fact that Strickland was sentenced to death show that he had ineffective counsel? After all, the outcomes for a defendant couldn't be any worse...
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