Recommended Titles and Treatises

When excessive public defender workloads violate the sixth Amendment right to counsel without a showing of prejudice

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by Laurence Benner. American Constitution Society for Law and Policy. 2011.
15 pages.

Written by one of the directors of the National Legal Aid & Defender Association, this brief paper looks at excessive public defender workloads nationwide and how they negatively affect indigent defendants. The author first looks at Strickland v. Washington, which set up a two-pronged test for the ineffective assistance of counsel (IOC) claim, but he then describes a litigation strategy that avoids the prejudice prong "by focusing on the absence of counsel at a critical stage of the proceedings, rather than the ineffectiveness of counsel's conduct." Recommended especially for anyone involved with or interested in legal aid, public defenders, and attorneys working on appeals based on IOC claims.

page last updated: 23 Mar 2017 12:32 PM