Right to Counsel

During trial

Under the due process clause of the Fourteenth Amendment a conviction cannot be "offensive to the fundamental ideas of fairness and right," and this typically applies to situations in which an individual is deprived to his right to an attorney. Moreover, the Fourteenth Amendment also requires that everyone has a right to effective assistance of counsel. To prove ineffective assistance of counsel, however, an individual must demonstrate both deficiency of counsel as well as prejudice to the individual.

In order to demonstrate that representation was deficient, one must show that an error was so serious that the lawyer is effectively not functioning as counsel. This is an extremely difficult standard to prove. Furthermore, to show prejudice to the individual, he must also demonstrate that the error was so serious that there was a reasonable probability that the result of the proceeding would have been different.

The right to assistance at trial only applies to situations involving actual imprisonment, as opposed to authorized imprisonment. Meaning . . .

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Page last updated: 2/17/2007
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