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
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 - 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 - No unreasonable searches and seizures. No warrants issued
without probable cause.
Fifth Amendment - 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 defense
witnesses.
Eighth Amendment - No excessive bail, fines, or cruel and unusual punishments.
Qualified Immunity - 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 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 - SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to
Evade by Flight
Transactional Immunity - Protects the witness from prosecution for the offense or
offenses involved.
Use Immunity - 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 fired solely for invoking 5th Amendment
Culture - 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 - Language, Ignorance of
Cultural Norms, Prejudice/Stereotyping, Ethnocentrism
Prejudice - A negative preconceived opinion or feeling
Stereotyping - A form of patterm 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 behavior
Victims' Rights and Restitution Act - Mandates SERVICES be provided to crime victims
once a crime is detected by law enforcement.
The Crime Victim's Rights Act (CVRA) - Establishes court-enforceable victim's RIGHTS
that begin when federal charges are filed.
Law Enforcement Interview Process - Introduction, Rapport, Questions, Summary,
Close
Proxemics - use of personal space.
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