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 h...
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 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 defence 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 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 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 acquired through learning from
others and is transmitted 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 pattern recognition; perceiving a similarity and ascribing to one event
attributes of the other
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