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CITP Exam 1 WITH ANSWERS
Federal Tort Claims Act (FTCA) - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ This statute authorizes civil lawsuits against state and local officials who violate federally protected rights. First Amendment - CORRECT ANSWERS ✔✔ Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the government for redress of grievances. Fourth Amendment - CORRECT ANSWERS ✔✔ No unreasonable searches and seizures. No warrants issued without probable cause.
Fifth Amendment - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ No excessive bail, fines, or cruel and unusual punishments. Qualified Immunity - CORRECT ANSWERS ✔✔ Shields government officials from personal liability for civil damages provided. Qualified Immunity Eligibility:
- The force was constitutional 2) That the law was not clearly established at the time. 18 USC 241 - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ 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 - CORRECT ANSWERS ✔✔ SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to Evade by Flight
Self-Concept - CORRECT ANSWERS ✔✔ Being aware of our own biases, weaknesses, and strengths; Single most important factor affecting communication behavior Motivational Interviewing - CORRECT ANSWERS ✔✔ Autonomy, Acceptance, Adaptation, Empathy, Envocation Psychological First Aid - CORRECT ANSWERS ✔✔ You/We/I Victims' Rights and Restitution Act - CORRECT ANSWERS ✔✔ Mandates SERVICES be provided to crime victims once a crime is detected by law enforcement. The Crime Victim's Rights Act (CVRA) - CORRECT ANSWERS ✔✔ Establishes court-enforceable victim's RIGHTS that begin when federal charges are filed. Law Enforcement Interview Process - CORRECT ANSWERS ✔✔ Introduction, Rapport, Questions, Summary, Close Proxemics - CORRECT ANSWERS ✔✔ use of personal space. Haptics - CORRECT ANSWERS ✔✔ the psychology of touch. External Anchoring - CORRECT ANSWERS ✔✔ involves touching an individual at the particular time and place in order to establish a mood or state of mind.
SUE - CORRECT ANSWERS ✔✔ Strategic Use of Evidence Human Performance Factors - CORRECT ANSWERS ✔✔ Physiology, Perceptual Distortions, Attention Human Trafficking - CORRECT ANSWERS ✔✔ The art of recruiting, harboring, transporting, providing, or obtaining for labor services or commercial sex acts through force, fraud, or coercion, for the purpose of exploitation. Modern day slavery. Trafficking Victims Protection Act (TVPA) of 2000 - CORRECT ANSWERS ✔✔ Provides trafficking victims with 2-year renewable temporary legal status T-Visas - CORRECT ANSWERS ✔✔ Longer-term immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years. Designed specifically for victims of sex or labor trafficking who are present in the U.S U-Visas - CORRECT ANSWERS ✔✔ Unlike the T-Visa, the U-Visa does not not just address victims who are already in the U.S. → U-Visas can be issued to victims currently residing in foreign countries Criminal Investigation - CORRECT ANSWERS ✔✔ The LEGAL and SYSTEMATIC process of identifying, collecting, preserving, and evaluations evidence or information for the purpose of bringing a criminal offender to justice. MOM - CORRECT ANSWERS ✔✔ Means, Opportunity, Motive
MRZ - CORRECT ANSWERS ✔✔ Machine Readable Zone, found on every passport Lighting Techniques - CORRECT ANSWERS ✔✔ Transmitted (back lighting), Oblique (side lighting), Long Wave UV Light Alteration Methods - CORRECT ANSWERS ✔✔ Additions, Erasures, Cut&Paste, Trace Overs Franks Violation - CORRECT ANSWERS ✔✔ When LEOs obtain a warrant through the intentional or reckless omission of material facts. Affirmative Duty - CORRECT ANSWERS ✔✔ Requires knowledge of violation and realistic opportunity to act when witnissing excessive force Negligence Torts - CORRECT ANSWERS ✔✔ Elements are Duty; Breach of Duty; Causation; and Damages Intentional Torts - CORRECT ANSWERS ✔✔ Act that causes the damages must be willful and intentional. (Battery, Assault, False Imprisonment) Legislative - CORRECT ANSWERS ✔✔ Collect taxes, regulate foreign and domestic trade, establish post offices and post roads, and establish federal courts inferior to the USSC. Executive - CORRECT ANSWERS ✔✔ Enforces the law, enters into treaties with foreign nations, power to veto acts of Congress, grant pardons for federal crime and appoint members of the administration.
Judicial - CORRECT ANSWERS ✔✔ Interprets laws. Has the power to declare laws unconstitutional and is the final authority on matters of constitutional interpretation. 5th Amendment does not apply to: - CORRECT ANSWERS ✔✔ Non-testimonial evidence (fingerprints, handwriting, blood, voice, etc) Voluntariness Test - CORRECT ANSWERS ✔✔ No threats, direct/improper promises, or violence Miranda Trigger - CORRECT ANSWERS ✔✔ Cops, Custody, Questioning Public Safety Exception - CORRECT ANSWERS ✔✔ Questions that regard public safety at large are not covered by Miranda Right to Silence Invocation (Miranda) - CORRECT ANSWERS ✔✔ Cease all questioning immediately, Give a 2 hour cooling off period , May reinitiate questioning after 2 hours, May send in undercover officer, Suspect can reengage at any time Right to Attorney Invocation (Miranda) - CORRECT ANSWERS ✔✔ Cease questioning immediately ; Do not re-approach while in custody; Cannot re- approach until 2 weeks have elapsed ; Suspect can initiate contact, but get a waiver before a statement Sixth Amendment Trigger - CORRECT ANSWERS ✔✔ Indictment, Information, Initial Appearance
