On Tue, May 13, 2008 at 3:42 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote: > Let's magnify your claim that being put on trial isn't punishment in the > R101 sense. Any time you're found INNOCENT, I could re-start the same > trial. Over and over and over again. Over and over again. If the courts > allow it, that's continual punishment by mechanism... the sort of > punishment R101 is designed to stop. R101 sets a limit: once, and that's > it. You could, but R1504 ALREADY TRIED would be appropriate each time after the first. I needn't bother actually addressing any further arguments raised by you (since GUILTY requires that no other judgement is appropriate); I could just mention the prior CFJ and end the pre-trial phase. If the judge judged anything but ALREADY TRIED, e'd be breaching both the rule that requires judgements to be appropriate and R101.
At that point it's just be like calling 50000 inquiry cases: rude, but allowed. In other words, there is no reason that not interpreting R101 in this broad manner is manifestly unjust.
