root wrote: > 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.
I think it's plenty reasonable (the initiator either presents reasonable arguments or e doesn't), but would support either version of this.
