CITP Exam 1 Federal Tort Claims Act (FTCA) - Answer Law which allows the United States to be sued for the actions of federal employees within the scope of their employment. Does not apply to state or local police officers. The United States will be the proper defendant and can be held liable.Good Samaritan Act - Answer This act defines additional circumstances under which a federal officer might be determined to be in the scope of their employment. It does not apply to state or local officers Bivens - Answer Case authorizes lawsuits against federal agents who intentionally violate an individuals 4th, 5th, or 8th amendment rights. Must allege two elements: 1) Violation of Constitutional Right and 2) Person acting under the color of law 42 USC 1983 - Answer This statute authorizes civil lawsuits against state and local officials who violate federally protected rights.First Amendment - Answer Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the government for redress of grievances.Fourth Amendment - Answer No unreasonable searches and seizures. No warrants issued without probable cause.Fifth Amendment - Answer Right to not self-incriminate, no double jeopardy, not be forced to stand trial without an indictment from a Grand Jury. Ensures Due Process.Sixth Amendment - Answer Right to a speedy and public trial. Right to counsel. Right to an impartial jury, ability to confront witnesses, compulsory process for obtaining defense witnesses.Eighth Amendment - Answer No excessive bail, fines, or cruel and unusual punishments.Qualified Immunity - Answer Shields government officials from personal liability for civil damages provided. Qualified Immunity Eligibility: 1) The force was constitutional 2) That the law was not clearly established at the time.18 USC 241 - Answer This is the federal criminal conspiracy against rights statute.When two or more agents conspire to deprive a citizen of constitutional rights, this is the appropriate statute to bring a criminal prosecution.18 USC 242 - Answer This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived 1 / 2
from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Graham Factors - Answer SIRF: Severity, Immediete Threat, Resisting Arrest,
Attemepting to Evade by Flight Transactional Immunity - Answer Protects the witness from prosecution for the offense or offenses involved.Use Immunity - Answer Only protects the witness against the government's use of his or her immunized testimony in a prosecution of the witness.Kalkines Immunity - Answer Government can terminate subject for not providing statements. Statements will not be used in a criminal case.Garrity Warnings - Answer Government advises suspects of rights in employee investigations. Cannot be fired solely for invoking 5th Amendment Culture - Answer Any kind of idea, belief, technology, habit or practice aquired through learning from others and is trasmitted from generation to generation Four Principal Barriers to Cross Cultural Communication - Answer Language, Ignorance of Cultural Norms, Prejudice/Stereotyping, Ethnocentrism Prejudice - Answer A negative preconceived opinion or feeling Stereotyping - Answer A form of patterm recognition; perceiving a similarity and ascribing to one event attributes of the other Self-Concept - Answer Being aware of our own biases, weaknesses, and strengths; Single most important factor affecting communication behavior Motivational Interviewing - Answer Autonomy, Acceptance, Adaptation, Empathy, Envocation Psychological First Aid - Answer You/We/I Victims' Rights and Restitution Act - Answer Mandates SERVICES be provided to crime victims once a crime is detected by law enforcement.The Crime Victim's Rights Act (CVRA) - Answer Establishes court-enforceable victim's RIGHTS that begin when federal charges are filed.Law Enforcement Interview Process - Answer Introduction, Rapport, Questions, Summary, Close
- / 2