The Effective Assistance Of Councel In The Pleading Guilty And Penalty Case

The lawyer's defense has not achieved the expected effect.It is the premise of discussing the ineffective defense system or discussing the effective defense standards between the Chinese scholars.It is also the origin of the question of whether the lawyer's defense is effective in a case.Therefore,this article is based on the fact that the lawyer's defense has not achieved the expected effect.It is considered that the effective defense in the Pleading guilty and penalty case should be effective,including procedures and entity effects.The lawyer's ineffective defense consists of two elements: behavioral defects and unfavorable litigation consequences.When there is no obvious behavioral defect in the appearance of the lawyer's behavior,so it is impossible to presumptive ineffective defense exists,at this time,the substantive content of the lawyer's defense opinion should be further examined for the result of the litigation that has not achieved the expected effect of the defense.That is,further examine whether the lawyer has defended dutifully or whether there is a behavioral defect.It means,a second judgment of the lawyer's defense behavior,so as to determine whether the lawyer's defense is ineffective.This article discusses several types that should be identified as having substantial defects in the conduct of lawyers.Although the effective defense in pleading guilty and penalty cases refers to the defense that achieves the desired effect,it is essentially means due diligence in behavior.There is no need for our country to build an American-style ineffective defense system.To achieve effective defense,we must first stop the lawyer's ineffective defense,help the prosecuted to obtain a new effective defense in time,and investigate the lawyer's ineffective defense responsibility,so that the accused can obtain compensation.These can urge lawyers to do their duty to provide an effective defense.Second,lawyers should defend their duties according to the characteristics of pleading guilty and penalty cases,avoid behavioral defects,and pursue the result of maximizing the benefits of negotiation.In terms of structure,this paper first discusses the particularity of defense in pleading guilty and penalty cases in the context of simplification and diversion,and explains the quality problems of defense.Secondly,it discusses the criteria for effective defense in pleading guilty and penalty cases,once again discusses how to use the abstract effective defense standard to specifically identify ineffective defense and discusses the types of behavioral defects.Finally it discusses the path to achieve effective defense.