Gideon Vs Wainwright Case Analysis

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The sixth amendment guarantees “the accused,” “in all criminal prosecutions,” “the Assistance of Counsel for his defense”, and via the sixth amendment’s incorporation in Gideon v. Wainwright this ubiquitous American right has come to represent a cornerstone of the US adversarial legal system. Justice, in the United States legal system, is secured through productive, agnostic conflict between two parties each representing their interests to the fullest extent of the law. As a result of this framework, one of the emergent properties of the United States legal system is the unique creativity it inspires. The agonistic confines of the American legal paradigm inspire new arguments and legal strategy. Some of these new strategies and arguments are accepted and become adopted as legal doctrine or practice, while other strategies and arguments are passed over or let go for one reason or another. As such adequate legal representation requires the production of active, dynamic, creative solutions by both sides. However, just because one side is destined to lose does not mean that the strategies and position they took where objectively wrong, merely that they were insufficient to secure a verdict for their respective argument.
This seemingly arbitrary distinction becomes of ultimate importance when considering the legitimacy and outcome of applying the Strickland Test on de novo review to the case at hand. The majority opinion from the Strickland established a two pronged test to determine violations of 6th and …show more content…
No detailed rules or guidelines for adequate representation are appropriate…Any such set of rules would interfere with the constitutionally protected independence of counsel and restrict the wide latitude counsel must have in making tactical
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