On Tue, Oct 21, 2008 at 10:49 AM, Geoffrey Spear <[EMAIL PROTECTED]> wrote: > I proto the following AI=2 proposal, entitled "Indictment Reform". > > In Rule 1504, "Criminal Cases": > > remove ", with 2 Support," from the first paragraph. > > at the end of the list of valid judgements for the question on > culpability, add: > > * FRIVOLOUS, appropriate if the initiator of the CFJ didn't > reasonably believe that the defendant was GUILTY at the > time e initiated the CFJ. Initiating a criminal CFJ that > comes to have a judgement of FRIVOLOUS is a violation of > this rule.
I don't think it's reasonable to require the trial judge to make that determination. Just prohibit initiating criminal cases where the initiator doesn't reasonably believe that the defendant was guilty, without making it affect the outcome of the frivolous case. -root
