Explain the Strickland Standard and why it came about. Is it difficult to prove both prongs of the Strickland standard? Why or why not?
What will be an ideal response?
• The Strickland Standard came about as a result of the Strickland v. Washington case when concerns were raised about a lawyer doing such a poor job that the client was essentially been denied his or her Sixth Amendment right to assistance of counsel.
• In Strickland v. Washington the Supreme Court set up a two-pronged test to determine whether constitutional requirements have been met. To prove that prior counsel was not sufficient, a defendant must show (1) that the attorney's performance was deficient and (2) that this deficiency more likely than not caused the defendant to lose the case.
• In practice, it has been very difficult to prove the second prong of this test. A prosecutor can always argue that the defendant would have lost the case even if his or her lawyer had not been inept.
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