Publication Title
Federal Sentencing Reporter
Document Type
Article
Publication Date
1-1-2012
Abstract
The Supreme Court’s recent Sixth Amendment cases have garnered much attention for their potential impact on ineffective assistance of counsel claims asserted in the context of a criminal case. This short article explores the unintended consequences of these decisions on structural ineffective assistance of counsel claims made in the civil context alleging that systemic deficiencies are likely to lead to right to counsel violations. The article concludes that the Court’s departure from a trial-centered conception of the right to counsel, its willingness to articulate specific pre-trial duties of counsel and its more pragmatic approach towards enforcing the Sixth Amendment will help those seeking indigent defense reform to establish the likelihood of future injury, a necessary element of successful structural challenges.
Recommended Citation
Lauren Sudeall Lucas, Unintended Consequences: The Impact of the Court's Recent Cases on Structural Ineffective Assistance of Counsel Claims, 25 Fed. Sent'g Rep. 106 (2012).
Institutional Repository Citation
Lauren S. Lucas,
Unintended Consequences: The Impact of the Court's Recent Cases on Structural Ineffective Assistance of Counsel Claims,
Faculty Publications By Year
1640
(2012)
https://readingroom.law.gsu.edu/faculty_pub/1640
Volume
25
Issue
2
First Page
106
Last Page
109
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Supreme Court of the United States Commons
Comments
External Links
Lexis Advance