What is the Assistance of Counsel Clause

The sixth amendment protects your right to counsel. Assistance of counsel is a type of counsel.

Found this on Wikipedia:

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence.”

The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself pro se.

Assistance of Counsel Clause – Wikipedia

 

Worth noting:

The constitutional right to counsel necessarily encompasses a right to effective counsel. Mere formal appointment of counsel does not satisfy Sixth Amendment’s constitutional guarantees; instead, a criminal defendant is entitled to reasonably competent representation.

In Strickland v. Washington (1984), the Court held that, on collateral review, a defendant may obtain relief if the defendant demonstrates both (1) that defense counsel’s performance fell below an objective standard of reasonableness (the “performance prong”) and (2) that, but for the deficient performance, there is a reasonable probability that the result of the proceeding would have been different (the “prejudice prong”).

To satisfy the prejudice prong of Strickland, a defendant who pleads guilty must show that, but for counsel’s deficient performance, he or she would not have plead guilty. In Padilla v. Kentucky (2010), the Court held that counsel’s failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have plead guilty but for such failure to withdraw his guilty plea.

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