Exam (elaborations)
CITP Exam 1 Questions and Answers
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Exam of 5 pages for the course CITP at CITP (CITP Exam 1)
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CITP Exam 1Federal Tort Claims Act (FTCA) - answerLaw 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 - answerThis 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 - answerCase 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 - answerThis statute authorizes civil lawsuits against state and local
officials who violate federally protected rights.
First Amendment - answerFree exercise of religion, speech, the press; the right of
peaceful assembly; and to petition the government for redress of grievances.
Fourth Amendment - answerNo unreasonable searches and seizures. No warrants
issued without probable cause.
Fifth Amendment - answerRight 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 - answerRight 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 - answerNo excessive bail, fines, or cruel and unusual punishments.
Qualified Immunity - answerShields 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 - answerThis 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 - answerThis 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 - answerSIRF: Severity, Immediete Threat, Resisting Arrest,
Attemepting to Evade by Flight
Transactional Immunity - answerProtects the witness from prosecution for the offense or
offenses involved.
Use Immunity - answerOnly protects the witness against the government's use of his or
her immunized testimony in a prosecution of the witness.
Kalkines Immunity - answerGovernment can terminate subject for not providing
statements. Statements will not be used in a criminal case.
Garrity Warnings - answerGovernment advises suspects of rights in employee
investigations. Cannot be fired solely for invoking 5th Amendment
Culture - answerAny 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 - answerLanguage, Ignorance
of Cultural Norms, Prejudice/Stereotyping, Ethnocentrism
Prejudice - answerA negative preconceived opinion or feeling
Stereotyping - answerA form of patterm recognition; perceiving a similarity and ascribing
to one event attributes of the other
Self-Concept - answerBeing aware of our own biases, weaknesses, and strengths;
Single most important factor affecting communication behavior
Motivational Interviewing - answerAutonomy, Acceptance, Adaptation, Empathy,
Envocation
Psychological First Aid - answerYou/We/I
Victims' Rights and Restitution Act - answerMandates SERVICES be provided to crime
victims once a crime is detected by law enforcement.
The Crime Victim's Rights Act (CVRA) - answerEstablishes court-enforceable victim's
RIGHTS that begin when federal charges are filed.
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