Abstract

http://ssrn.com/abstract=2239289
 
 

Footnotes (133)



 


 



Validating the Right to Counsel


Brandon L. Garrett


University of Virginia School of Law

March 25, 2013

Washington and Lee Law Review, Vol. 70, 2013
Virginia Public Law and Legal Theory Research Paper No. 2013-02

Abstract:     
This Essay, written as part of a Symposium celebrating the 50th Anniversary of Gideon v. Wainwright, focuses on the elaboration of the Gideon right in the context of ineffective assistance of counsel litigation. First, I describe how ineffective assistance of counsel claims came to dominate and define federal habeas corpus litigation, changing the structure of state post-conviction rules in reaction to the new prominence of ineffective assistance of counsel claims at the federal level, expanding to consider assistance of counsel during plea bargaining, and raising complex questions for post-conviction courts. Despite the ubiquity of ineffective assistance of counsel claims, the constitutional test is shot through with a prejudice analysis, as well as with a set of strong substantive blinders: judgments that only certain types of failures by counsel will be regulated. Second, I ask whether the approach towards judging effectiveness of defense counsel could be “validated” by social science evidence, or at least be better informed by it. The bar has increasingly engaged with science and social science to provide improved standards for effective defense representation. In turn, social scientists might more closely study the effectiveness of defense lawyering across stages of the criminal process. Over time, this work may help to validate the right to counsel.

Number of Pages in PDF File: 34

Accepted Paper Series





Download This Paper

Date posted: March 26, 2013 ; Last revised: April 12, 2013

Suggested Citation

Garrett, Brandon L., Validating the Right to Counsel (March 25, 2013). Washington and Lee Law Review, Vol. 70, 2013; Virginia Public Law and Legal Theory Research Paper No. 2013-02. Available at SSRN: http://ssrn.com/abstract=2239289

Contact Information

Brandon L. Garrett (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States

Feedback to SSRN


Paper statistics
Abstract Views: 227
Downloads: 63
Download Rank: 210,759
Footnotes:  133

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.359 seconds