effective assistance of counsel

effective assistance of counsel
Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104.
Benchmark for judging any claim of ineffectiveness of counsel must be whether counsel's conduct so undermined proper functioning of adversarial process that trial cannot be relied on as having produced a just result.
See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674.
As required by 6th Amendment for criminal defendant, does not mean errorless counsel, and not counsel judged ineffective by hindsight, but counsel reasonably likely to render and rendering reasonably effective assistance; this necessarily involves inquiry into actual performance of counsel in conducting defense, based on totality of circumstances of entire record. Beavers v. Balkcom, C.A.Ga., 636 F.2d 114, 115. 18 U.S.C.A. No. 3006A.

Black's law dictionary. . 1990.

См. также в других словарях:

  • effective assistance of counsel — The right of a criminal defendant or appellant to have competent legal representation, whether the lawyer was appointed by the court or retained by the defendant. In general, competent legal representation is without errors that would result in… …   Law dictionary

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • assistance of counsel — Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecution assistance of counsel for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences… …   Black's law dictionary

  • assistance of counsel — Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecution assistance of counsel for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences… …   Black's law dictionary

  • ineffective assistance of counsel — in·ef·fec·tive assistance of counsel: representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial claimed ineffective assistance of counsel following his conviction – called also ineffective assistance; ◇… …   Law dictionary

  • effective — ef·fec·tive adj 1: producing a desired effect an effective revocation of the contract 2: capable of bringing about an effect effective assistance of counsel see also ineffective assistance o …   Law dictionary

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • counsel — coun·sel 1 / kau̇n səl/ n pl counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult]: lawyer: as a: a lawyer participating in the management or trial of a case in court ...to have the… …   Law dictionary

  • right to counsel — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary


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