'Making a Murderer' Update: Why Brendan Dassey May Not Have Hope Of New Trial [VIDEO]
As Brendan Dassey waits hopefully for a new trial, one law professor just laid out exactly why it may not come to pass.
Dassey, who alongside his uncle Steven Avery was convicted of the 2005 murder of Teresa Halbach, may not have much hope for a new trial. The Netflix docuseries Making a Murderer showed Dassey's dealings with his lawyer, suggesting that he may have been manipulated into confessing to the murder of Halbach.
Washington University School of Law Professor Peter Joy wrote about the Strickland standard, helping to explain why Dassey probably won't get a new trial.
"As a result of the Strickland standard, only the most outrageous conduct by defense counsel leads to a new trial," he wrote. "In establishing the Strickland standard, the Court created conditions in which unequal assistance of counsel can thrive with little or no recourse for those adversely affected."
The Wisconsin appellate court denied the claim that Dassey's attorney was not effective.
"There is now, and has always been, a double standard when it comes to the criminal justice system in the United States," Joy explained further. "The system is stacked against you if you are a person of color or are poor ... The potential counterweight to such a system, a lawyer by one's side, is unequal as well. In reality, the right to counsel is a right to the unequal assistance of counsel in the United States."
Millions around the country watched Dassey and Avery's tragic story through Making a Murderer. The series has been highly praised by many, though it hasn't been without critics. Ken Kratz, who was the prosecutor in Avery's case and shown in a negative light through the series, said that it "really presents misinformation." However, Netflix fired back: "This film is 10 years in the making. There's over 700 hours of footage. To split hairs about what was left in and what was left out - it's a great film and we want people to watch it and decide for themselves."
