MGMT 211 Lecture 4 Outline of Last Lecture I Chapter 2 a Recap b Bill of Rights c Doctrine of Incorporation d Doctrine of Reverse Incorporation e 1st amendment Not Absolute f Speech in the Business World g Freedom of Religion h Search and Seizure Outline of Current Lecture I II Chapter 2 Continued 5th Amendment Current Lecture Chapter 2 Continued III 5th Amendment a Self Incrimination No individual can be forced to testify against themselves in a criminal case i Does not apply to civil cases 1 You have to sing like a bird tell everything ii What if your testifying in civil court lead to criminal charges 1 If you are given immunity you must tell everything a If you don t they can lock you up in contempt of court b Individual touch you and you bleed i Does not mean corporations 1 Who talks for the corporation The officer called in to talk a You are testifying as the corporation you will be the one to go to prison as the officer of the corporation c If your boss tells you to do something illegal and you don t you could be fired i Could lose benefits healthcare ii Not always black and white lots of areas of grey in ethical issue iii However if something is illegal don t do it 1 Boss will probably throw you under the bus d Due process found in 5th and 14th amendment i 5th national 14th states ii Put them together incorporation and reverse incorporation iii Basically you had to be treated fairly 1 How fairly though e 2 types of due process i Substantive due process way the law was originally written has to be capable of giving you due process 1 Problem Jim Crow laws written in way that couldn t possibly give people due process 2 Now you have help to help you write law that makes you capable of getting due process ii Procedural due process step by step process they take you through a criminal case 1 Depending on what government is taking away from you determines how much due process you get 2 2 tiered a Economic not much at all a legitimate reason i Imminent domain government can take property if they need it 1 They have to give you just compensation will not give you fair market value ii Kelo case New London 1 Man owned property because of who he was he claimed exemptions and didn t pay taxes 2 In an area with a lot of businesses a If businesses built on it they would get a lot of tax money 3 Used imminent domain condemned it and took land from him a City sold it to developer for much higher price who paid more in taxes 4 Kelo that s wrong only took it for economic reasons no rational basis a Court city wanted to make more money b Left door open If states disagree states can pass laws to slow imminent domain iii Under 21 if alcohol is within arm s reach given MIP iv If cop wanted to give every minor in a bar an MIP they could v Northgate back door of Freebird s 1 Out of place building 2 Property condemned from people that owned to make parking space 3 Decided instead to rent it out to make more money 4 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 process 5 Court said they did and they lost the case b Taking away your life i Capital murder defendant gets the utmost in due process 1 Once you re dead you re dead 2 Get re tried based on technicalities ii Example client arrested for killing girl raping her and stealing jewelry 1 Murder sexual assault capital murder 2 Murder stealing capital murder 3 Evidence wife wanted to testify that he came home covered in blood showered dropped knife in storm drain burned clothes 4 Came forward 7 years later when she was filing for divorce paid for by Texas when she is in Minnesota 5 Husband has been sitting in Brazos County Jail during appeals process 6 Lots of pretrial hearings to determine status of divorce case 7 Texas Husband Wife privilege where woman can t testify against what her husband said to her a That s what a judge thought 8 Believed it covered symbolic speech and actual speech a She couldn t testify to what she saw OR heard 9 Premise wife was bitter 10 He was convicted to death appeals began a Asked for everything possible out of the file to be included in the appeal b If you don t get it violation of due process new trial c Asked for pre trial hearings of divorce case not much to do with capital murder case d Case got reversed based on that i Based on technicality ii Even though there wouldn t have been much in missing files 11 Found guilty in retrial and executed f Equal protection i Found in 14th ii Reverse Incorporation applies to federal government iii We are NOT all equal to each other iv When government creates classifications of people and treats them differently 1 If you have burden of proof that government wrongfully treated you differently they violated your equal protection right v 3 levels 1 Bottom social economic differences a Treated differently based on money social have to just have a rational basis i Out of state tuition is significantly higher ii Class costs are significantly higher 1 State pitches in money for everyone 2 In state your parents paid taxes so you prepaid 3 Therefore rational reason for out of state tuition iii Drinking under 21 social reason 1 Above 21 treated one way and 21 below treated another way a Government can counter with studies showing below 21 can t handle alcohol as well as above 21 2 Intermediate Substantial governmental interest a Government has to have good reason b 2 classes i Gender treat women different from men 1 Women in military not technically allowed in combat a lot have been 2 In military combat pay is higher a Women did not get higher pay 3 Prerequisite for a lot of advancement 4 Government could justify that when it chose to have that rule a Substantial interest women held captive treated differently than men in captivity 5 Now women can be in combat ii Legitimate v Illegitimate women 1 Texas Spanish illegitimate child equal to legitimate children a Must specify if disinheriting from will 2 East English not equal a Do not have to specify b Justify with substantial governmental interest i Often can t 3 Top end taking fundamental rights away a Have to have compelling overriding interest i If you have killed with guns they take your guns ii In Texas even if a felon have right to get gun back iii Treat differently based on race or nationality 1 Almost absolute necessity 2 Burden of proof can shift can play the race card a History proving …