Strickland v. Washington (1983)
- Docket
- 82-1554
- Decided
- 1983-01-01
Summary
Question: What standard should be applied to determine whether a convicted person's Sixth Amendment right to counsel has been violated so as to require reversal of a conviction or to set aside a death sentence? Conclusion: The Supreme Court held that: (1) counsel's performance must be deficient; and (2) the deficient performance must have prejudiced the defense so as to deprive the defendant of a fair trial. With Justice Sandra Day O'Connor writing for the majority, the Court counseled that in making a showing of deficient performance, the defendant must demonstrate that counsel's representation fell below an "objective standard of reasonableness." The Court also noted that to show prejudice, the defendant must show that there is a "reasonable probability" that, but for counsel's unprofessional errors, the result would have been different. Here, the Court reasoned that Mr. Washington's counsel was not unreasonable. Moreover, the Court stated that even if counsel was unreasonable, counsel's conduct did not cause sufficient prejudice to Mr. Washington to warrant setting aside his death sentence. Justice William J. Brennan wrote separately, concurring in part and dissenting in part. He viewed the death sentence as per se cruel and unusual punishment in violation of the Eighth Amendment. Consequently, he would not have upheld Mr. Washington's sentence. Justice Thurgood Marshall also wrote separately, dissenting. He disagreed with the majority's holding in that in its attempt to make a uniform standard, it created one so malleable as to be virtually useless.