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
, 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
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
, 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
