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Warning
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Warning
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LSDefine
Simple English definitions for legal terms
ineffective assistance of counsel
Read a random definition: breach of the peace
A quick definition of ineffective assistance of counsel:
Ineffective assistance of counsel: When someone is accused of a crime, they have the right to a good lawyer who will help them in court. But sometimes, the lawyer doesn't do a good job and makes mistakes that hurt the person's case. If this happens, the person can try to get their conviction overturned by saying they had "ineffective assistance of counsel." To prove this, they have to show that their lawyer did a bad job and that it probably changed the outcome of the trial.
A more thorough explanation:
Definition: Ineffective assistance of counsel refers to a situation where a defendant's lawyer did not provide adequate legal representation, which resulted in an unfair trial. The right to counsel includes the right to effective assistance of counsel. If a defendant can prove that their lawyer was ineffective, they may be able to get their conviction overturned. This is a common claim in habeas corpus cases.
To prove ineffective assistance of counsel, a defendant must show two things:
- That their lawyer's performance was below an "objective standard of reasonableness."
- "A reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."
For example, if a defendant's lawyer failed to call a key witness who could have provided an alibi, and the defendant was convicted, they may be able to argue that their lawyer was ineffective. If the defendant can show that the witness would have changed the outcome of the trial, they may be able to get their conviction overturned.