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Does Res Adjudicata Apply in Sex Offender Law?

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What is the name of your state (only U.S. law)? MA

I am wondering if I am registered as a level 2 sex offender (as determined by a civil proceeding) is there finallity in that classification?

Will another state be able to hear the matter without my consent?

Once my 20 years of being registered has been reached in MA will i still be required to register everywhere else or does Res Adjuticata apply?

If I register in another state where there is public notification can I be subject to public notification even though its been determined by a court of law that it is barred in the state of origin? .
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MA

I am wondering if I am registered as a level 2 sex offender (as determined by a civil proceeding) is there finallity in that classification?

Will another state be able to hear the matter without my consent?

Once my 20 years of being registered has been reached in MA will i still be required to register everywhere else or does Res Adjuticata apply?

If I register in another state where there is public notification can I be subject to public notification even though its been determined by a court of law that it is barred in the state of origin? .
I thought you were moving on to a forum with "more reasonable people"? :rolleyes::rolleyes:

https://forum.freeadvice.com/civil-litigation-46/does-res-judicata-apply-civil-actions-against-criminal-complaint-604902.html
 

Proserpina

Senior Member
I thought you were moving on to a forum with "more reasonable people"? :rolleyes::rolleyes:

https://forum.freeadvice.com/civil-litigation-46/does-res-judicata-apply-civil-actions-against-criminal-complaint-604902.html


And res judicata STILL isn't a factor ;)
 
Why bother? You'll just delete if you don't hear what you want.

Go pay an attorney.
The moderator deleted key points I made which left statements I made previously to be taken out of context.

I felt deleting the remainder was in order.

I licked my wounds, and I am left with the same problems.

It's ok i've been doing it for 20 years now, i'm used to it.








keywords:sex offense offender victim plead guilty trial duration felony lifetime commitment probation constitution constitutional jury hearing sorb civil proceeding SDP SVP violent dangerous dangerousness level 1 2 3 risk designated within rights right bill act jacob wetterling megans law adam walsh
 
Why bother? You'll just delete if you don't hear what you want.

Go pay an attorney.
This sums it up,,,, the spirit of res judicata is to prevent unnecessary, unfair, inefficient, and oppressive litigation of the same claims.

How can people who are systematically oppressed afford endless litigation's in every state he is required to register in? Presumably all 50.

Not honoring this is denying due process rights to sex offenders. Sex offenders should have the same rights that any other person accused of a crime would have.

If a person murdered 50 people they would have more rights than a person who was convicted as a juvenile of french kissing his girlfriend in MA.







Why bother? You'll just delete if you don't hear what you want.

Go pay an attorney.
The moderator deleted key points I made which left statements I made previously to be taken out of context.

I felt deleting the remainder was in order.

I licked my wounds, and I am left with the same problems.

It's ok i've been doing it for 20 years now, i'm used to it.








keywords:sex offense offender victim plead guilty trial duration felony lifetime commitment probation constitution constitutional jury hearing sorb civil proceeding SDP SVP violent dangerous dangerousness level 1 2 3 risk designated within rights right bill act jacob wetterling megans law adam walsh
 
Your crime is not being litigated again...hence res judicata is completely irrelevant.

What's happening is, very simply, a continuation of your punishment.
I am not arguing my crime. I am arguing the registry hearing. I understand that the courts have decided that I am obligated to register. the court decides if i am dangerous, obligated, for how long, and to what level. What i want to know is: can another state litigate this exact claim since another state is within the "United States" essentially the initiating party with the wetterling act?

If it a punishment then why wasn't it included in the sentencing so that I would be informed of it as a consequence of my plea?
 
I'll try to be more clear:


I had a hearing in Massachusetts to determine if I was obligated to register, to determine what risk level I was, and to correct a constitutional error that the previous registration scheme imposed on me.


If I move to, or vacation in, any other state within the "United States" can the same claim be litigated again?

Logic would tell someone that the United States is "United States" so an act imposed by them that led to a claim would place the "United States" as an initiating party.

My dangerousness or risk doesn't change depending on which state I am located in at that moment so why should I be required to re-litigate the same matter over and over again depending on whichever state I am located in?

Am i making sense? Does Res Judicata bar other states from litigating the same claim?
 

Zigner

Senior Member, Non-Attorney
I'll try to be more clear:


I had a hearing in Massachusetts to determine if I was obligated to register, to determine what risk level I was, and to correct a constitutional error that the previous registration scheme imposed on me.


If I move to, or vacation in, any other state within the "United States" can the same claim be litigated again?

Logic would tell someone that the United States is "United States" so an act imposed by them that led to a claim would place the "United States" as an initiating party.

My dangerousness or risk doesn't change depending on which state I am located in at that moment so why should I be required to re-litigate the same matter over and over again depending on whichever state I am located in?

Am i making sense? Does Res Judicata bar other states from litigating the same claim?
Each state is free to determine how long they want sex offenders to register for.
 
Does jacob wetterling act allow for this? How did you come to this conclusion?
Sex offender requirements are very complex, compounded x50, does each state have the right to impose multipl requirements without regard for another courts determination?

Where is the line drawn, if any?
 

Zigner

Senior Member, Non-Attorney
Sex offender requirements are very complex, compounded x50, does each state have the right to impose multipl requirements without regard for another courts determination?

Where is the line drawn, if any?
Maybe that's a question to ask of more reasonable people than us.
 
Sex offender requirements are very complex, compounded x50, does each state have the right to impose multipl requirements without regard for another courts determination?

Where is the line drawn, if any?

On the forehead, in a circle with larger circles drawn radiating out, right?lol

Seriously, Wetterling mandates a minimum of 10 years it seems to me that it was drawn up poorly enough to cause it to be vulnerable. If my state (MA) has determined that an offender can't be required to register without proof of risk, then how can a federal law require the very thing that has been tested and failed in a state court?

The 1st version of the SOR in MA in 1996 required all sexual offenders to register automatically.
The act was found to be unconstitutional.
The law was repealed and redrawn to provide for a risk level system and provided(forced) a hearing on those who didn't like their initial designations. It also provided relief for those who where eligible.
 
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