Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.
Amy R. Murphy,
The Constitutional Failure of the Strickland Standard in Capital Cases under the Eighth Amendment,
63 Law and Contemporary Problems
Available at: https://scholarship.law.duke.edu/lcp/vol63/iss3/10