Ineffective Assistance of Counsel: The Case Study Essay

Exclusively available on Available only on IvyPanda®
This academic paper example has been carefully picked, checked and refined by our editorial team.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment

Effective Assistance of Counsel is a fundamental concept of the rights of the accused. It is guaranteed by the Sixth Amendment of the Constitution of the United States. In essence, this rule dictates that each person can be sure that their interests are protected by their attorneys. Subsequently, it is the duty of the attorneys to ensure the adequate delivery of justice, which includes informing their client about the costs associated with the court. The absence of the breakdown of the courts’ costs in Anna’s case constituted an infringement on her right to the effective assistance of counsel.

First, the attorney violated the law because they did not inform Anna of the necessary fees. Anna was not able to afford her own lawyer, neither was she capable of paying for the guilty plea. The attorney has the responsibility to know the background of the client, including their employment and financial capabilities (Henderson and Lora 24). As Anna could not afford to pay, it is reasonable to conclude that the attorney either did not inform her or did not inquire about her employment.

Second, effective assistance of counsel was compromised by the lack of sufficient client involvement. Henderson and Lora argue that the more the attorney engages the client, the more effective assistance of counsel will be (37). In this case, there are two indications that Anna was not involved: first, neither she, nor the attorney saw the breakdown of costs. Second, Anna did not know the consequences of pleading guilty. As a result, Anna was not involved, which indicates the attorney’s professional incompetence.

Altogether, there are two arguments for the attorney failing to provide effective assistance of counsel. First, they did not inform Anna about the costs of pleading guilty. Second, the client’ involvement was not sufficient for the adequate delivery of justice, which manifested in the ignorance of both Anna and the attorney towards the costs for pleading guilty. Subsequently, Anna’s indebted position is the result of ineffective assistance of counsel.

Reference

Henderson, Kelsey S., and Lora M. Levett. “Plea bargaining: The influence of counsel.” Advances in Psychology and Law, edited by B. Bornstein and M. Miller, Springer, Cham, 2019. 73-100.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2022, October 22). Ineffective Assistance of Counsel: The Case Study. https://ivypanda.com/essays/ineffective-assistance-of-counsel-the-case-study/

Work Cited

"Ineffective Assistance of Counsel: The Case Study." IvyPanda, 22 Oct. 2022, ivypanda.com/essays/ineffective-assistance-of-counsel-the-case-study/.

References

IvyPanda. (2022) 'Ineffective Assistance of Counsel: The Case Study'. 22 October.

References

IvyPanda. 2022. "Ineffective Assistance of Counsel: The Case Study." October 22, 2022. https://ivypanda.com/essays/ineffective-assistance-of-counsel-the-case-study/.

1. IvyPanda. "Ineffective Assistance of Counsel: The Case Study." October 22, 2022. https://ivypanda.com/essays/ineffective-assistance-of-counsel-the-case-study/.


Bibliography


IvyPanda. "Ineffective Assistance of Counsel: The Case Study." October 22, 2022. https://ivypanda.com/essays/ineffective-assistance-of-counsel-the-case-study/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1