CITP Exam 1 Correct Answers

CITP Exam 1 Correct Answers Federal Tort Claims Act (FTCA) 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 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 Case authorizes lawsuits against federal agents who intentionally violate an individual’s 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 This statute authorizes civil lawsuits against state and local officials who violate federally protected rights. First Amendment Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the government for redress of grievances. Fourth Amendment probable cause. Fifth Amendment No unreasonable searches and seizures. No warrants issued without 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 Right to a speedy and public trial. Right to counsel. Right to an impartial jury, ability to confront witnesses, compulsory process for obtaining defence witnesses. Eighth Amendment Qualified Immunity No excessive bail, fines, or cruel and unusual punishments. 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 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 This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to wilfully 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 SIRF: Severity, Immediate Threat, Resisting Arrest, Attempting to Evade by Flight Transactional Immunity involved. Use Immunity Protects the witness from prosecution for the offense or offenses Only protects the witness against the government's use of his or her immunized testimony in a prosecution of the witness. Kalkines Immunity Government can terminate subject for not providing statements. Statements will not be used in a criminal case. Garrity Warnings Government advises suspects of rights in employee investigations. Cannot be f ired solely for invoking 5th Amendment Culture Any kind of idea, belief, technology, habit or practice acquired through learning from others and is transmitted from generation to generation Four Principal Barriers to Cross Cultural Communication Prejudice/Stereotyping, Ethnocentrism Prejudice Stereotyping A negative preconceived opinion or feeling Language, Ignorance of Cultural Norms, A form of pattern recognition; perceiving a similarity and ascribing to one event attributes of the other Self-Concept Being aware of our own biases, weaknesses, and strengths; Single most important factor affecting communication behaviour Motivational Interviewing Psychological First Aid Autonomy, Acceptance, Adaptation, Empathy, Envocation You/We/I Victims' Rights and Restitution Act is detected by law enforcement. The Crime Victim's Rights Act (CVRA) when federal charges are filed. Law Enforcement Interview Process Proxemics Haptics use of personal space. the psychology of touch. External Anchoring Mandates SERVICES be provided to crime victims once a crime Establishes court-enforceable victim's RIGHTS that begin Introduction, Rapport, Questions, S