Shame and humiliation are often felt in combination with one another, and thus we will refer to both and detail how these emotions are generated as a direct result of our treatment of individuals who have been labeled as sexual offenders. There is the associated sense of powerlessness. Humiliation is the emotional experience of being lowered in status, usually by another person. The shamed person feels exposed and wants to hide. Shame can occur alone or with another who causes or heightens the experience. “On a cognitive level, there is the painful awareness of being a failure, deficient, or inadequate. We define shame as the emotion we experience when we realize that we are not living up to our standards or ideals. This Article examines the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and concludes that a failure to apply a higher standard-beyond what was set out in Strickland-results in humiliation, shame, and lack of dignity for clients. The Court did not elaborately define this constitutional requirement subsequently, lower courts have set the bar shockingly low. In its decision, the Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best ensure that just results are produced. Washington, the Supreme Court defined the Sixth Amendment constitutional right to counsel to include the right to the effective assistance of counsel. New York Law School: Heather Ellis Cucolo and Michael L.
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