Do Presses or Due Process

By C J Oakes One of the best known rights enumerated in the United States’ Constitution is the Fifth Amendment right to remain silent.  Not as well-known are the origins of this portion of the so-called Due Process clause. In fact, most of the provisions known as Due Process stemmed from injustices experienced under English rule; the founders of this […]

Case-by-Case: Defense of Self and Home

By C J Oakes The defense of self and home has been considered for centuries to be common law deserving or respect and adherence. Spanning Continents and Nations, this common law concept that a person ought to be secure in their home or person has withstood many tests.  English common law forms the basis for […]

Rights and Wrong

By C J Oakes In the United States of America every citizen has rights.  Well-known are the rights of a speedy trial, by an impartial jury of peers, counsel for defense, and silence.  Over the course of American judicial history these rights and others have been tested repeatedly.  One of the toughest issues facing society […]

What is the Cost of Wrongful Arrests & Convictions?

By C J Oakes Wrongful arrests take place every day. Wrongful convictions cost. Civil law in the United States and many countries allow for those wrongfully arrested/convicted to seek monetary damages. What is the cost of wrongful arrests and convictions?by C J Oakes   What is the Difference Between a Wrongful Arrest and Wrongful Conviction? […]

Criminal Procedure and the Bill of Rights

By C J Oakes Reasoning on Rights The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Because once the collection of rights were ratified, these would be encompassed into the body of the document, […]

No Rules…Just Rights

By C. J. Oakes “No Rules…Just Right” is the slogan of Outback Steakhouse; when this famous chain began operations, they determined to operate based on a food cost level that conventional wisdom claimed was impossible to maintain (Finegan, 1994, p. 52). The Exclusionary Rule was developed according to conventional wisdom over the course of several […]

The Cause of Crime is Elementary Dear Watson

by C J Oakes The social sciences developed in the 18th century as a natural consequence of a growing industrial society.  As cities grew, crime increased.  In response to the growing need for law and order, Sir Robert Peel convinced Parliament to establish the London Metropolitan Police in 1829 (Villiers, 2006).  About the same time, many of the concepts and […]

Vice is Nice for Organized Crime

C. J. Oakes The Issue: One of the biggest revenue-generating tools for Organized Crime is Vice. Thus, Vice is Nice for Organized Crime, but not so much the Criminal Justice System. The Essay: Vice is Nice for Organized Crime As long as there have been laws there have been people circumventing the laws to their advantage; […]

Placing a Lock on Organized Crime

By C. J. Oakes The Issue: Organized Crime has grown powerful and governments appear impotent to put a stop to it. Yet, the solution is really quite simple. Take away their money. Operation Keyhole:  Placing a Lock on Organized Crime by Drying Revenue Streams When considering the difference between coin, currency, check, and credit card […]