Does Res Adjudicata Apply in Sex Offender Law?

[john legality]

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.

Thank you for a civilized answer. My concern is that I am a United States citizen, I should therefore be free to travel to any State in the union unfettered. Sex offender requirements don't apply to only were you reside, I need to register in every state I visit even briefly.

They have morfed into prohibiting existence in specific places considered safety zones. I can't legally take my family on a cross country trip (griswalds) without facing a cumulative punishment of a lifetime in prison.

This is makes me a non-citizen

 

[CdwJava]

Thank you for a civilized answer. My concern is that I am a United States citizen, I should therefore be free to travel to any State in the union unfettered. Sex offender requirements don't apply to only were you reside, I need to register in every state I visit even briefly.

That's not true. In CA (as it is in probably EVERY state) you only have to register if residing in or attending school in the state. So, you can travel all you want. You can even move and attend school in those other states ... though, you might also have to register as a sex offender in a few of them. You also have to get a new driver's license and vehicle registration, too. Moving can be such a hassle!

They have morfed into prohibiting existence in specific places considered safety zones. I can't legally take my family on a cross country trip (griswalds) without facing a cumulative punishment of a lifetime in prison.

What state requires tourists to register? I can't find one.

 

[TigerD]

1. Read the law
2. You are still a citizen
3. You chose to sacrifice your freedoms and rights when you committed your crime.
4. Lose the woe is me routine. No one -- absolutely no one -- cares how a sex offender feels they are being treated unfairly. After all remember what you did to your victim.

DC

 

[john legality]

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

"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."


This is the very reason I keep asking about res judicata. Its not whining about the registry, its about the consequences of its application. It places me(and every other sex offender) in an impossible position.

If every state can require me to go to court to determine my classification/registaration requirements then it imposes an oppressive amount of litigation on the most economically challenged citizens of our country.

This is why I am a broken record, I need to know if res judicata will prevent re litigating my risk and obligation. That's only fair.

 

[CdwJava]

This is why I am a broken record, I need to know if res judicata will prevent re litigating my risk and obligation. That's only fair.

No.

Each state has their own process by which they will hear an appeal to any registration requirement. This wouldn't generally go to COURT unless YOU brought it there. And if it did, it would not be to re-try your case, it would be to decide whether or not your circumstance requires registration within the state in question.

 

[john legality]

1. Read the law
2. You are still a citizen
3. You chose to sacrifice your freedoms and rights when you committed your crime.
4. Lose the woe is me routine. No one -- absolutely no one -- cares how a sex offender feels they are being treated unfairly. After all remember what you did to your victim.

DC

DO YOU KNOW WHAT I DID TO MY VICTIM? I don't think you do, your statement just prove how ignorant you are. You think you are above sex offenders and you are in status but on a moral and ethical level you are no better than 1/2 of the people required to register. My "victim" was not a victim.

 

[CdwJava]

DO YOU KNOW WHAT I DID TO MY VICTIM? I don't think you do, your statement just prove how ignorant you are. You think you are above sex offenders and you are in status but on a moral and ethical level you are no better than 1/2 of the people required to register. My "victim" was not a victim.

Under the law, she was a victim. She was unable to legally consent to the sexual act. You can say she was not a victim until the cows come home, but, legally, she was.

Nothing in DC's post was incorrect (though his last statement might have been a little TOO absolute). ... You need to read the law (particularly if you think that you have to register as a sex offender when passing through a state as this clearly doesn't apply to all states - likely not to any). ... You ARE still a citizen. You were not stripped of that privilege as a result of registration. ... You DID sacrifice certain freedoms when you committed your crime. ... And, in truth, the vast majority of people do not concern themselves with the plight of the registered sex offender.

 

[john legality]

No.

Each state has their own process by which they will hear an appeal to any registration requirement. This wouldn't generally go to COURT unless YOU brought it there. And if it did, it would not be to re-try your case, it would be to decide whether or not your circumstance requires registration within the state in question.

I don't understand why people keep saying "to retry your case"

It is a civil matter imposing a burdensome responsibility that requires you to go to court to litigate the details of its application.

Here is why I ask of res judicata, It bars the same cause of action from the same initiating parties.

While each of the 50 states could be considered individual parties the reality is that Jacob Wetterling (United States) is the true initiating party.

Just as any department of the state would be bound by res judicata.

 

[john legality]

That's not true. In CA (as it is in probably EVERY state) you only have to register if residing in or attending school in the state. So, you can travel all you want. You can even move and attend school in those other states ... though, you might also have to register as a sex offender in a few of them. You also have to get a new driver's license and vehicle registration, too. Moving can be such a hassle!


What state requires tourists to register? I can't find one.

Nearly all states have a "temporary residence" clause where if you spend the night in a hotel you need to consult an attorney. Most people would surmise that a residence was more than a transient existence, many states don't define residence this way.

Aside from any temporary residence clauses, many town/city/state ordinances have prohibited sex offenders from being in certain locations, knowing or otherwise.

Does it make sense to release 100,000 or more people from prisons and probation that where "certifiably" dangerous onto the streets and them provoke them for the rest of their lives?

What I am getting at is most sex offenders are not any more dangerous than a non offender. If the governments interest is to protect the public then why are they releasing them to begin with?

 

[john legality]

Most states have provisions for committing a truly sexually dangerous person.

If all sex offenders are truly dangerous then why are we permitting them into society.

It is because most are not truly dangerous, yet we apply extremely oppressive requirements on people who are not in fact any more dangerous than anyone else in society.

How does this make sense?

 

[quincy]

... Does it make sense to release 100,000 or more people from prisons and probation that where "certifiably" dangerous onto the streets and them provoke them for the rest of their lives? ... If the governments interest is to protect the public then why are they releasing them to begin with?

So, you are arguing that all sex offenders should go to prison for the rest of their lives? There are some in this country who would think that is fair and just.

The fact is, john legality, there are also many in this country who agree with you that the sex offender registry goes beyond fair and just.

For example, I personally think that the online publishing of sex offender information (and arrest records and mug shots, too) should be halted. I prefer going back to the days of personal notification to those with the need to know (ie, law enforcement, schools, neighbors ...). I agree with CdwJava and debtcollector that the way the sex offender laws and registrations are now in many states goes too far in many cases and the laws often do little to protect the public. Sex offender registries (and online mug shot and arrest record sites) tend to single out individuals for harassment and shunning, long after the individuals have served their sentences - making it impossible for many to move on with their lives.

But, I am not the one who makes the laws. I just know that everyone must abide by them. And if this makes it difficult for you to travel, well, it is what it is until saner heads judge that it isn't.

Speak with an attorney in the state where you plan to relocate your family. Contact the states where you wish to travel. Most of the information you need is available online and make any travel plans accordingly.

I am not sure what else you expect any of us to tell you.

 

[TigerD]

You just won't take no for an answer. Perhaps that is why you in your predicament?

Regardless, If you feel you can't leave Massachusetts, I certainly am not going to attempt to convince you otherwise. When every poster, including a police officer and several people with direct personal experience with the criminal justice system, are telling you that you are wrong, perhaps you should stop arguing and start listening. You own decision making isn't exactly the best. I am one of the people who thinks the registration requirement is too much is many cases. But you make supporting you very difficult.

DC

 

[Proserpina]

OP

Do you actually understand what res judicata means and what it doesn't mean?

Because so far not one single post you've made actually suggests that you do know.

 

[TigerD]

Nothing in DC's post was incorrect (though his last statement might have been a little TOO absolute). ...

It was a reference back to the public opinion discussion on one of the OP numerous other threads.

DC

 

[Ladyback1]

Thank you for a civilized answer. My concern is that I am a United States citizen, I should therefore be free to travel to any State in the union unfettered. Sex offender requirements don't apply to only were you reside, I need to register in every state I visit even briefly.

They have morfed into prohibiting existence in specific places considered safety zones. I can't legally take my family on a cross country trip (griswalds) without facing a cumulative punishment of a lifetime in prison.

This is makes me a non-citizen

Bull!

My family member drove a long haul truck route AFTER his conviction (and serving 4 yrs in the state DOC system). He was only required to register in the state of his permanent residence. He never once had to register in a state that he drove through, or even stayed overnight in, or even when he got stranded in a state for a week due to a massive snowstorm shutting down the interstate.