Does Res Adjudicata Apply in Sex Offender Law?

[john legality]

BTW people can answer despite the fact that I am a sex offender. I promise I won't accidentally slip my tongue somewhere it doesn't belong. Honest,, really. You have my word. Unless they have new technology that I am unaware of, oh, even then I promise.

 

[Zigner]

It's not that you're a sex offender. It's because you're rude and demanding of the volunteers.

 

[Proserpina]

BTW people can answer despite the fact that I am a sex offender. I promise I won't accidentally slip my finger somewhere it doesn't belong. Honest,, really. You have my word. Unless they have new technology that I am unaware of, oh, even then I promise.

You're asking if res judicata is an issue.

Res judicata pertains to litigating the matter. That is NOT what's going on here.

 

[quincy]

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The law was repealed and redrawn to provide for a risk level system and provided(forced) a hearing on those who didn't like their initial designations.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.

john legality, there will be no re-litigation of your sex offense. However, states can extend the minimum amount of time required for registration on a sex offender list, under their own sex offender laws.

Two links (that include additional links) for your reading and better understanding of the laws that apply:
http://ojp.gov/smart/legislation.htm
http://www.registeredsexoffenders.net/Jacob_Wetterling_Act.html

 

[john legality]

john legality, there will be no re-litigation of your sex offense. However, states can extend the minimum amount of time required for registration on a sex offender list, under their own sex offender laws.

Two links (that include additional links) for your reading and better understanding of the laws that apply:
http://ojp.gov/smart/legislation.htm
http://www.registeredsexoffenders.net/Jacob_Wetterling_Act.html

Quincy, i am not asking about re-litigating my offense, this should be clear, I tried to make it that way. Thank you for your links, even though they were not helpful. I was not able to find anywhere that stated states could extend the registration requirement past 10 years for all sex offenses.

They do provide that states can extend beyond 10 years for sexually violent offenses (of which mine is not) for that matter I don't see how my offense would even fit in as qualifying.

 

[john legality]

You're asking if res judicata is an issue.

Res judicata pertains to litigating the matter. That is NOT what's going on here.

The matter is: risk/dangerousness


it was litigated in the state of MA as required by law

Will res adjudicata be a valid defense in an identical claim?


Its that simple, that's all i'm asking

 

[Zigner]

The matter is: risk/dangerousness


it was litigated in the state of MA as required by law

Will res adjudicata be a valid defense in an identical claim?


Its that simple, that's all i'm asking

Go ask a more reasonable crowd then. Obviously you're not getting the answers you want here.

 

[Proserpina]

Res judicata is completely irrelevant.

Please read.

 

[john legality]

Res judicata is completely irrelevant.

Please read.

Why is it irrelevant?

A claim of risk was made by a SORB hearing in MA with finality

A claim of risk might be made in another state,,, neighboring or otherwise, would it be barred by res juditcata?

 

[Proserpina]

Why is it irrelevant?

Seriously?

Your case is NOT being re-litigated.

 

[john legality]

Why is it irrelevant?

A claim of risk was made by a SORB hearing in MA with finality

A claim of risk might be made in another state,,, neighboring or otherwise, would it be barred by res juditcata?

The answer is yes in my eyes, that is of course unless there was an extenuating circumstance like the state of MA didn't have adequate legal representation. Or the Wetterling Act somehow prohibited this defense. lol

 

[Zigner]

Seriously?

Your case is NOT being re-litigated.

Don't be so unreasonable

(This guy told us in his other thread that he was going to find a place with more reasonable people, then he overwrote all his posts with asterisks.)

 

[john legality]

Seriously?

Your case is NOT being re-litigated.

I am still completely confused, what is it that you are calling my "case"?

 

[john legality]

Don't be so unreasonable

(This guy told us in his other thread that he was going to find a place with more reasonable people, then he overwrote all his posts with asterisks.)

If you read my earlier post instead of doing a "drop and troll" then you would see my explanation for that.

 

[quincy]

Quincy, i am not asking about re-litigating my offense, this should be clear, I tried to make it that way. Thank you for your links, even though they were not helpful. I was not able to find anywhere that stated states could extend the registration requirement past 10 years for all sex offenses.

They do provide that states can extend beyond 10 years for sexually violent offenses (of which mine is not) for that matter I don't see how my offense would even fit in as qualifying.

Re-read the links. You apparently did not read the information provided there very well.



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