Does Res Judicata apply in civil actions against a criminal complaint?

[Zigner]

I guess I'll pose a scenario: a man robbs a bank at gunpoint. The prosecuter(state) takes the accused to trial and finds him guilty of armed robbery, decides not to charge him with possession of a firearm. Could the state charge him at a later point with possession?

We don't do hypotheticals.

 

[Proserpina]

I guess I'll pose a scenario: a man robbs a bank at gunpoint. The prosecuter(state) takes the accused to trial and finds him guilty of armed robbery, decides not to charge him with possession of a firearm. Could the state charge him at a later point with possession?

To use a (tragically) real world example:

Donny shoots and kills three adults and their small child. As he leaves in his truck, he's pulled over for speeding. He shoots and kills the officer.

Donny is only charged with the death of the officer. He's convicted and actually does get executed, but is never charged with the other deaths. The State can indeed charge him at their leisure..or they could have before the execution.

The State generally has a pretty good reason for using this tactic. You'll figure it out.

 

[Proserpina]

We don't do hypotheticals.

I don't always do hypotheticals, but when I do I crib from Internet Memes when I can. Except when I can't.

 

[john legality]

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[john legality]

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[john legality]

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[Ohiogal]

How about this:
http://www.huffingtonpost.com/2014/03/30/robert-richards-rape_n_5060386.html?ncid=fcbklnkushpmg00000063

The state didn't find him guilty of child rape. But his ex wife has every right to sue him none the less for that. Not barred by anything.

 

[Proserpina]

The res judicata is to prevent unnecessary further litigation of matters that could have been resolve previously. The judge could have ordered me to be on the registry, he could have warned me that it was coming, he could have requested a dangerousness hearing. The time and place came and went.

Do you understand what "litigation" means?

 

[Zigner]

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Figures

 

[Eekamouse]

OP, what is your deal? You molested a child and pled guilty to the offense. Now you want go backs to change what you pled to? This is what I've surmised from your "x"cellent threads. Are you mad because you've been labeled a sexual predator or is there something more that's driving you?

 

[john legality]

damned if you do damned if you don't.

I guess I need to find a forum with reasonable people.

 

[Eekamouse]

I suppose you could try NAMBLA....

 

[Proserpina]

damned if you do damned if you don't.

I guess I need to find a forum with reasonable people.

Instead of that, how about not committing crimes against minors?

Then we wouldn't have to have this conversation at all! Imagine that.

(Much as I'd hate to burst your Monday Bubble, you're going to find that more than a few regular posters also cross-post to other legal-type forums. Jes' sayin')