The Role Of Prejudice In Strickland

Decent Essays
Ultimately the Strickland court aims to “reduce the chance that innocent persons will be convicted” ; thus the standard of prejudice is “near impossible” for a factually guilty defendant to overcome. Marshall affirms that the findings in Strickland render the Sixth Amendment not violated “when a manifestly guilty defendant is convicted after a trial in which he was represented by a manifestly ineffective attorney”. Yet due process accords all defendants “meaningful assistance” . Minimal emphasis rides on determining whether the defendant received a fair trial in comparison to determining whether the defendant was factually guilty . Judge Bazelon deems this notion the ‘guilty anyway syndrome’. He claims that judges show reluctance to reverse
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