MGMT 211 Lecture 4 Outline of Last LectureI. Chapter 2a. Recapb. Bill of Rightsc. Doctrine of Incorporationd. Doctrine of Reverse Incorporatione. 1st amendment: Not Absolutef. Speech in the Business Worldg. Freedom of Religionh. Search and SeizureOutline of Current LectureI. Chapter 2 ContinuedII. 5th AmendmentCurrent LectureChapter 2 ContinuedIII. 5th Amendmenta. Self-Incrimination: No individual can be forced to testify against themselves ina criminal casei. Does not apply to civil cases1. You have to “sing like a bird”-tell everythingii. What if your testifying in civil court lead to criminal charges1. If you are given immunity, you must tell everythinga. If you don’t, they can lock you up - in contempt of courtb. Individual: touch you and you bleedi. Does not mean corporations1. Who talks for the corporation? The officer called in to talka. You are testifying as the corporation; you will be the one to go to prison as the officer of the corporationc. If your boss tells you to do something illegal and you don’t, you could be firedi. Could lose benefits (healthcare)ii. Not always black and white, lots of areas of grey in ethical issueiii. However, if something is illegal, don’t do it1. Boss will probably throw you under the busd. Due process; found in 5th and 14th amendmenti. 5th-national; 14th-statesii. Put them together=incorporation and reverse incorporationiii. Basically, you had to be treated fairly1. How fairly though?e. 2 types of due processi. Substantive due process: way the law was originally written has to be capable of giving you due process1. Problem: Jim Crow laws written in way that couldn’t possibly give people due process2. Now you have help to help you write law that makes you capable of getting due processii. Procedural due process: step by step process they take you through a criminal case1. Depending on what government is taking away from you determines how much due process you get2. 2 tiereda. Economic: not much at all; a legitimate reasoni. Imminent domain: government can take property if they need it1. They have to give you just compensation; will not give you fair market valueii. Kelo case: New London1. Man owned property; because of who he was, he claimed exemptions and didn’t pay taxes2. In an area with a lot of businessesa. If businesses built on it, they would get a lot of tax money3. Used imminent domain, condemned it and took land from hima. City sold it to developer for much higher price, who paid more in taxes4. Kelo: that’s wrong, only took it for economic reasons, no rational basisa. Court: city wanted to make moremoneyb. Left door open: If states disagree, states can pass laws to slow imminent domainiii. Under 21, if alcohol is within arm’s reach, given MIPiv. If cop wanted to give every minor in a bar an MIP, they couldv. Northgate: back door of Freebird’s1. Out of place building2. Property condemned from people that owned to make parking space3. Decided instead to rent it out to make more money4. Original owners challenged that in court, saying it was worth more as a business establishment than a parking place, so they didn’t get correctly compensated/due process5. Court said they did, and they lost the caseb. Taking away your lifei. Capital murder: defendant gets the utmost in due process1. Once you’re dead, you’re dead2. Get re-tried based on technicalitiesii. Example: client arrested for killing girl, raping her and stealing jewelry1. Murder + sexual assault = capital murder2. Murder + stealing = capital murder3. Evidence: wife; wanted to testify that hecame home covered in blood, showered,dropped knife in storm drain, burned clothes4. Came forward 7 years later when she was filing for divorce paid for by Texas when she is in Minnesota5. Husband has been sitting in Brazos County Jail during appeals process6. Lots of pretrial hearings to determine status of divorce case7. Texas: Husband/Wife privilege where woman can’t testify against what her husband said to hera. That’s what a judge thought8. Believed it covered symbolic speech andactual speecha. She couldn’t testify to what she saw OR heard9. Premise: wife was bitter10. He was convicted to death; appeals begana. Asked for everything possible out of the file to be included in the appealb. If you don’t get it, violation of due process, new trialc. Asked for pre-trial hearings of divorce case; not much to do with capital murder cased. Case got reversed based on thati. Based on technicalityii. Even though there wouldn’t have been much in missing files11. Found guilty in retrial and executedf. Equal protectioni. Found in 14th ii. Reverse Incorporation; applies to federal governmentiii. We are NOT all equal to each otheriv. When government creates classifications of people and treats them differently1. If you have burden of proof that government wrongfully treated you differently, they violated your equal protection right v. 3 levels1. Bottom: social/economic differencesa. Treated differently based on money/social, have to just have a rational basisi. Out of state tuition is significantly higherii. Class costs are significantly higher1. State pitches in money for everyone2. In-state: your parents paid taxes so you prepaid3. Therefore, rational reason for out of state tuitioniii. Drinking under 21 (social reason)1. Above 21 treated one way and 21 belowtreated another waya. Government can counter with studies showing below 21 can’t handle alcohol as well as above 212. Intermediate: Substantial governmental interesta. Government has to have good reasonb. 2 classesi. Gender: treat women different from men1. Women in military not technically allowed in combat; a lot have been2. In military, combat pay is highera. Women did not get higher pay3. Prerequisite for a lot of advancement4. Government could justify that when it chose to have that rulea. Substantial interest: women heldcaptive treated differently than men in captivity5. Now, women can be in combatii. Legitimate v. Illegitimate women1. Texas: Spanish; illegitimate child equal to legitimate childrena. Must specify if disinheriting fromwill2. East: English; not equala. Do not have to specifyb. Justify with substantial governmental interesti. Often can’t3. Top end: taking fundamental rights awaya. Have to have compelling overriding interesti. If you have killed with guns, they take your gunsii. In Texas, even if a felon, have right to get gun backiii. Treat differently based on race or