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LMPT EXAM TEST 1 UPDATED EXAM
QUESTIONS AND ANSWERS.
What branch of government does the DOI fall under? - correct answer- Executive branch Who writes the laws? - correct answer- Legislative branch Who enforces the laws? - correct answer- Executive Branch Who interprets the laws? - correct answer- Judicial Branch What is the 10th amendment? - correct answer- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. What is the definition of qualified immunity? - correct answer- The officers defense to stand trial in a civil case for a constitutional tort. (Qualified immunity is not an available defense in a criminal case).
What is important to remember with the use of intermediate weapons? - correct answer- Use may reduce the need for a higher force options, use must be objectively reasonable in consideration of the governmental interest, all other Graham factors apply. What is the property clause? - correct answer- Congress has legislative regulatory power over property belonging to the US example: parks, refuges, forests. What is the commerce clause? - correct answer- Power to regulate channels of interstate commerce, power to regulate the instrumentalities of commerce, power to regulate local activities that impact interstate commerce. What are the four primary Graham factors? - correct answer- - severity of the crime -whether the suspect poses an immediate threat -whether the suspect is actively resisting arrest -whether the suspect is attempting to flee
Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof: or abridging the freedom of speech, or of the press, of the right of the people to peaceably assemble, and to petition the government for a redress or grievance 4th Amendment - correct answer- Protection against Unreasonable Search and Seizure The right of the people to be secure in their persons, houses, papers, and a fax, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized 6th Amendment - correct answer- The right to a Speedy trial, The right to confront witnesses, right to subpoena witnesses, write to assistance counsel, right to be informed of nature of charges The accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where in the crime shall have been committed, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his defense 8th Amendment - correct answer- No cruel and unusual punishment, no excessive bail Excessive bail shall not be required, nor excessive finds imposed, nor cruel and a unusual punishments inflicted What are different types of expression? - correct answer- - speech -Written word -gestures -symbolic acts What are different types of unprotected speech? - correct answer- -fighting words -True threats -advocating imminent lawlessness action -speech constituting a clear and present danger -obscenity -fraudulent misrepresentation
-social health -emotional health -spiritual health -Occupational health What is the psychological stress response? - correct answer- Commonly called the fight or flight response. It prepares the mind and the body to fight or flee the stressor. What are methods for stress reduction? - correct answer- - confidence -goal setting -attention control -Energy management -integrating imagery What are elements of Law Enforcment that make it a cardiac risk? - correct answer- -sleep -nutrition -inactivity
What are common issues to ethical behavior in the LE environment? - correct answer- -misuse of government vehicle -misuse of government property including computers -misuse of government issued travel cards -misuse of authority/position -unauthorized or improper disclosure of confidential, classified or personal information -Unlawful acceptance of things of value Kalkines v. United States? - correct answer- In a non-custodial interview involving possible criminal conduct where criminal prosecution has been declined by appropriate prospective authority, an employee may not refuse to answer questions regarding specific performance of duties Garrity v. New Jersey? - correct answer- A non-custodial interview, answers maybe use in administrative or criminal proceeding, employees have the right to remain silent however if they refuse to answer their silence may be considered in the administrative proceedings, but they cannot be fired based upon their silence alone Giglio v. United States? - correct answer- Requires government prosecutors to disclose information that tends to impeach any government trial witness, including law-enforcement officers
What are virtues? - correct answer- Virtues are the universal foundation for morals values and ethics and are not only fundamental, but the very corner stone for which the ladder are threaded What are influences that affect ethical decision making? - correct answer- -Peer pressure -slippery slope -rationalization -Noble cause Corruption -Street level bureaucracy -Hypervigilance -victim based thinking What is an act of omission? - correct answer- (Nonfeasance) Failure to take appropriate action as required by law or departmental policy What is an act of commission/administrative? - correct answer- (Misfeasance) Performing a required lawful task in an unacceptable, inappropriate, or unprofessional manner
What is an act of commission/criminal? - correct answer- (Malfeasance) wrong doing or legal conduct that depends on or is related to the missuseuse of legitimate authority Title 5 US code section 301? - correct answer- Ethics and ethical guidance. What are critical thinking concepts and tools associated with making ethical decisions? - correct answer- -sources of ethical guidance (us code, constitution, etc) -moral courage -critical thinking -decision action process (OODA loop) : inquire, defined, way, act, evaluate -Heuristic thinking What are the four pillars of procedural justice? - correct answer- -neutrality -respect -trustworthiness -Voice
-distance -nervousness -distrust -alienation -the "gap" What is rapport? - correct answer- A harmonious, positive interaction: to a communicative phenomenon built and maintained throughout the interview What are three communication techniques for building and maintaining report? - correct answer- -Active listening -clarity of expression -Self disclosure What is the primary officers role in an interview? - correct answer- Initially assumes an active role in the interview. Establishes control of the interview, makes the introductions, states the purpose, establishes report, and asks the first series of questions What is the secondary officers role in an interview? - correct answer- Provides an additional set of eyes and ears to assist in
reading the verbal and nonverbal behavior exhibited by the interviewee, maintains scene security, should not interrupt. What are the five steps of the law-enforcement interview process? - correct answer- -introduction -rapport -questions -summary -Close What is the Ted concept in reference to open ended questions?
- correct answer- -Tell me -explain to me -describe to me What are questions to avoid during an interview? - correct answer- -leading question -negative question -compound question -complex questions -polite speak
-The difference between agency policy and constitutional law -belief in Mission -Reality-based training -physical fitness -Family/friends/personal appearance Identify the fundamentals of documenting a use of force incident? - correct answer- -Objective, not subjective -articulable reasonable suspicion/probable cause -elements of the offense -factors justifying force (graham) -subject actions What is the five step OPSEC process? - correct answer- - identification of critical information -Analysis of threat -Analysis of vulnerabilities -assessment of risks -Application of countermeasures Identify human performance factors that impact use of force? - correct answer- -conscious mind (analytical, thinker) -subconscious mind (feelings, perception, boss)
-fight or flight response What factors comprise a winning mindset? - correct answer- - Control -understand -commitment -proactive -Being professional What is a theme in reference to interviewing a suspect? - correct answer- The suspects lifeline, a way to be seen as a good person despite bad or undesirable actions What is the four step process of cognitive interviewing? - correct answer- -reconstruct the circumstances -Report everything -recall the events in different order -Change perspectives i.e. association Identify what elements make up the winning survival circle? - correct answer- -physical fitness -equipment
-spiritual How do you apply the principal components of psychological first aid? - correct answer- The YOU/WE/I approach You: introduction, rapport building We: rapport building continues I: questions, summary, close How are victim rights and services mandated? - correct answer- -Victim rights restitution act 1990 (VRRA) -crime victim rights act 2004 (CVRA) What is the Victim rights restitution act? - correct answer- A statue that mandate services be provided to crime victims once a crime is detected by law-enforcement What is the crime victims rights act? - correct answer- Establishes court enforced victims rights that begin when federal criminal proceedings are filed (initiated) against the offender
What are mandatory services that law-enforcement officers are required to provide victims under the VRRA? - correct answer- - right to receive these services -referral to a victim service provider -reasonable protection from the accused -General information about the investigation -return of property -employer/debt notification -providing a referral to a victim service What is the operational benefit of bringing victim assistance into Law Enforcment? - correct answer- Bringing victim assistance professionals into law-enforcement will serve to increase support to provide victims ongoing services and referrals Garity warning - correct answer- States that the employee has the right to remain silent and that anything said can be used in administrative or criminal proceedings The path to mastery - correct answer- Toolset Skill set Mindset Heart set
