Reading Room Document

Representation of Criminal Defendants by FBI Agent-Attorneys

The document discusses a proposed modification to an ongoing FBI undercover investigation of a state court system. The proposal involves using FBI undercover agents as defense attorneys for criminal defendants in actual cases. The document concludes that this proposal would violate the Sixth Amendment to the Constitution, which guarantees the right to counsel for criminal defendants. The document presents a detailed analysis of the potential constitutional and ethical issues raised by the proposed modification, including the potential for conflicts of interest, lack of independent counsel, and the possibility of actual prejudice to the defendants. It also suggests alternative approaches to bring the proposal into constitutional compliance. The document raises questions about the potential violation of defendants' rights, the ethical implications of using undercover agents as defense attorneys, and the need for modifications to the proposal to ensure compliance with constitutional standards.

June 16, 1981