Does Res Adjudicata Apply in Sex Offender Law?

[john legality]

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



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I did reread the links and have viewed the act itself. It only provides for states to increase their requirements in regard to violent or recidivistic offenders, as far as I could see. Would you mind quoting a passage that proves otherwise?

 

[john legality]

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

bump**************.

 

[Zigner]

bump**************.

 

[Proserpina]

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

Tell you what, sport.

Go pay an attorney. First thing Monday morning.

 

[Dave1952]

This guy is new to me so I'll give it one try. Your case was held in Mass. The court determined that you are a sex offender. All of the other States accept this ruling, so you are a sex offender anywhere in the US. Other States will not relitigate this matter.
Other States have different rules for the registration of sex offenders. If you move to Rhode Island (e.g.) then Rhode Island will accept that you are a sex offender. Rhode Island has rules and requirements for sex offenders. They will not require that you obey the Mass. rules. You will obey the Rhode Island rules or else.

 

[Proserpina]

This guy is new to me so I'll give it one try. Your case was held in Mass. The court determined that you are a sex offender. All of the other States accept this ruling, so you are a sex offender anywhere in the US. Other States will not relitigate this matter.
Other States have different rules for the registration of sex offenders. If you move to Rhode Island (e.g.) then Rhode Island will accept that you are a sex offender. Rhode Island has rules and requirements for sex offenders. They will not require that you obey the Mass. rules. You will obey the Rhode Island rules or else.

Dave, thank you.

Maybe you can get the message through?

 

[john legality]

This guy is new to me so I'll give it one try. Your case was held in Mass. The court determined that you are a sex offender. All of the other States accept this ruling, so you are a sex offender anywhere in the US. Other States will not relitigate this matter.
Other States have different rules for the registration of sex offenders. If you move to Rhode Island (e.g.) then Rhode Island will accept that you are a sex offender. Rhode Island has rules and requirements for sex offenders. They will not require that you obey the Mass. rules. You will obey the Rhode Island rules or else.

Thank you Dave, I agree but some states require a hearing to determine your risk level and if you are required to register,,, correct? Will the state I move to re-litigate my risk level and redetermine my requirements? Would res judicata be an affirmative defense to avoid costly repetitive litigation?

Not all sex offenders are actually required to register some are relieved by a court of law, does this favorable ruling have finality?

 

[Proserpina]

Thank you Dave, I agree but some states require a hearing to determine your risk level and if you are required to register,,, correct? Will the state I move to re-litigate my risk level and redetermine my requirements? Would res judicata be an affirmative defense to avoid costly repetitive litigation?

Not all sex offenders are actually required to register some are relieved by a court of law, does this favorable ruling have finality?

They are not re-litigating. They're abiding by their own penal system.

Why this isn't sinking in, is beyond me.

 

[davew128]

Legailty, let me make this so simple, even a caveman can do it.

Each state has its own laws. If your conviction is found to be an offense that if committed in the new state requires registration (and certainly YOURS would be), then you need to register under the laws of that state.

Made so simple even Joe Biden could understand it, if you were convicted in NY of doinking a 16 year old, you would be required to register there. If you then moved to MA, as I understand it, that act would NOT be a crime in MA and you would not be required to register.

 

[john legality]

Legailty, let me make this so simple, even a caveman can do it.

Each state has its own laws. If your conviction is found to be an offense that if committed in the new state requires registration (and certainly YOURS would be), then you need to register under the laws of that state.

Made so simple even Joe Biden could understand it, if you were convicted in NY of doinking a 16 year old, you would be required to register there. If you then moved to MA, as I understand it, that act would NOT be a crime in MA and you would not be required to register.

Massachusetts bases your requirement to register on an civil fact finding process. It does allow for removal from the obligation to register even for my heinous grabassery. Many other states do, most do not. The previous system was found to be unconstitutional, they changed it to provide litigating obligations and level classifications.

 

[john legality]

Massachusetts bases your requirement to register on an civil fact finding process. It does allow for removal from the obligation to register even for my heinous grabassery. Many other states do, most do not. The previous system was found to be unconstitutional, they changed it to provide litigating obligations and level classifications.

The "penal" system calls for litigating my dangerousness, it can't rely on my conviction alone there needs to be proof that I am dangerous, this has been determined and the Sex offender registry law was repealed and rewritten in MA.

SO, SINCE my dangerousness, risk, and obligation HAS BEEN LITIGATED in the state of Massachusetts.

Will the determination in the court of origin MA be final? Can they re-litigate the same matter in another state?

 

[john legality]

They are not re-litigating. They're abiding by their own penal system.

Why this isn't sinking in, is beyond me.

It is not a penal system, penal implies punishment, the purpose of the act is very clear, to protect and inform. This is the very reason they justified allowing an unconstitutional act to stand. While most law abiders seem to think its a punishment brought on by their own actions, it is in fact not. If it was considered that by the government then it wouldn't be allowed because it is retroactive, and cruel and unusual.

 

[TigerD]

It is not a penal system, penal implies punishment, the purpose of the act is very clear, to protect and inform. This is the very reason they justified allowing an unconstitutional act to stand. While most law abiders seem to think its a punishment brought on by their own actions, it is in fact not. If it was considered that by the government then it wouldn't be allowed because it is retroactive, and cruel and unusual.

See it may be that way in Mass. But when you move to Missouri, the good church-going folk in that rural town want to make the sheriff has his boot on your member so it doesn't wind up somewhere it don't belong.

Can't imagine its much different in other states.

DC

 

[john legality]

See it may be that way in Mass. But when you move to Missouri, the good church-going folk in that rural town want to make the sheriff has his boot on your member so it doesn't wind up somewhere it don't belong.

Can't imagine its much different in other states.

DC

All the states rely on the same case law to keep SOR laws in force. SO, since it has been determined that it is "no more burdensome than registering a car", and "the right of the public to safety, far outweigh the rights of a few sex offenders" the law must be punishment under the guise of a civil regulatory scheme?

 

[quincy]

Another state cannot re-litigate your sex offense. Hasn't this been repeated several times now?

What another state might do is consider Massachusetts law as it relates to your offense, but another state will work within their own laws to determine if you need to register in the state or not, and under what terms.

In one of the many many threads you have started about your sex offense, I briefly touched on Michigan's laws. You might not have to register at all in Michigan if in Massachusetts your ten-year registration period has expired - this even though Michigan requires a sex offender in the state to be registered for between 15 years to life depending on the offense (for a Tier 2 offense, for example, registration is 25 years and, now, there is a new requirement for Tier 1 offenses to have a 15 year registration).

It will depend on all facts, though, and if you want to review these facts with an attorney in Massachusetts or one where you anticipate moving, you can do that to get a better idea of what you face.

The case in Massachusetts you mentioned dealt with Massachusetts' new law that allows for information on Tier 2 offenders to be published online, where before under Massachusetts law only Tier 3 offenders had their information publicly disseminated in this way. The question for the court was whether those who offended prior to the enactment of the law fell under the new law.

Before you move to another state, you must learn the laws of that state and how that state would handle your Massachusetts offense. No one here, however, is going to provide you with the laws of all 50 states. If you want to give us the name of the state you plan to move to, we can provide you with the laws of that state and, perhaps, give you some guidance.