FINAL WRITING PROJECT - Research Paper Example

As a result, defendants do not have full access to their rights under the Sixth Amendment. Strickland v. Washington in 1984 depicts the problem of ineffective assistance. The US Supreme Court designed a two – prong test to set a standard for when counsel interfered with the rights of the defendant under the 6th Amendment. Despite the legal successes, practice is different. Missouri State Public Defender System (MSPDS) is a case of a system where public defenders are overworked, underpaid and insufficiently trained.

This paper will first depict the development of the legal framework mandating every indigent defendant a right to counsel under the 6th Amendment. The cases Gideon v. Wainwright and Betts v. Brady will be discussed. Then, problems with effective counsel will be described and legal cases will be cited. The main case used will be Strickland v. Washington. Finally, MSPDS will be examined to argue that public defenders do not have adequate resources to properly prepare a case. Data on salaries, ratio of staff members and turnover rates will be used. John M. Walsh will be used as an example of an overworked defense attorney who ended up hurting not only his client, but also his entire career.

The history of the 6th Amendment is often tracked to Gideon v. Wainwright. The case is important as the US Supreme Court ruled in favor of the petitioner, thus setting a precedent for all other courts across the USA. After Gideon v. Wainwright, every indigent defendant could refer to one’s rights established by this case. This case opened the door to other cases dealing with issues not directly pertaining to the right to counsel. These issues involve effective counsel and at what stage of the trial is the defendant entitled to receive assistance free of charge.

Following paragraphs will describe how Gideon started the entire process by demanding access to his rights. Gideon was charged with and convicted of a misdemeanor. He “was charged in a