The Sixth Amendment to the U.S. Constitution requires that criminal defense attorneys provide a minimum quality of service to their clients.¹ The attorney need not be perfect but must at least be competent. “A C will not put one on the dean’s list, but it is a passing grade, and that is all the Sixth Amendment requires.”²

The Constitution imposes a similar obligation on law enforcement officers to conduct competent investigations—sometimes. The obligation arises in several different contexts, including failing to investigate exculpatory information or failing to protect individuals from harm. As with defense attorneys, the courts expect a passing grade from investigators, but don’t demand they qualify for the honor roll.

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