Federal Tort Claims Act (FTCA) - ANSWER Law that allows the United States
to be sued for federal employees' actions 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 - ANSWER This act defines additional circumstances
under which a federal officer may be considered to be acting within the scope of
their employment. It does not apply to state or local officers
Legal and Systematic - ANSWER Criminal Investigation: __________ and
____________________ process of identifying, collecting, preserving, and
evaluating evidence or information for the purpose of bringing a criminal offender
to justice.
1. Case Initiation
2. Assessment of Allegation/Information
3. Development of an Investigative Plan
4. Conduct the Investigation Safely
5. Prepare an Investigative Summary (Write a Report)
6. Formal Referral to the U.S. Attorney's Office
,7. Processing Suspect(s) Through the Judicial Process
8. Processing Criminal/Civil Asset Forfeitures
9. Close the Investigation - ANSWER Steps in a Criminal Investigation
1. Private Sector Referral (Citizen Complaint)
2. Proactive Agent Development
3. Internal Agency Referral (Lead to Another HSI Office)
4. External Agency Referral (Referred to other Agency) - ANSWER Four Major
Methods to Initiate a Case
Authority - ANSWER The power to enforce rules
Validity and Authority/Jurisdiction - ANSWER Assess an
allegation/information for _________________
Jurisdiction - ANSWER The geographic area/location and/or type of offense
over which an agency's authority extends
U.S. Consitution - ANSWER Foundation of a Federal Criminal Investigator's
authority
Jurisdition - ANSWER __________ is not unlimited, and is subject to territorial
restrictions, statutory limitations, and agency policy.
, Investigative Theory - ANSWER The investigative plan is developed as a
flexible guide during the investigation and is based on ______________
Case number, Subject(s) name(s), Potential violation(s), Detailed checklist of
investigative tasks, Possible interviews,
Potential problems or issues - ANSWER An investigative plan will likely have
the following:
Motive, Opportunity, Means - ANSWER Three critical elements of identifying
violators
Interviewing - ANSWER This is the most frequently utilized investigative
procedure and it is used in all criminal investigations
Criminal/civil asset forfeiture - ANSWER This is a DOJ program managed by
the U.S. Marshall Service
Investigative, Judicial, Post-Judicial - ANSWER The criminal investigator has
the following three primary functions
1. Conduct an objective, professional, complete, detailed and timely investigation
using all appropriate investigative techniques
2. Prepare a report presenting the results of the investigation in a logical sequence -
ANSWER In the investigative process, criminal investigators have to basic
functions:
, 1. Arrest
2. Complaint Filed
3. Initial Appearance
4. Preliminary Hearing
5. Information/Indictment
6. Arraignment
7. Discovery
8. Motions/Depositions
9. Trial Prep
10. Trial
11. Pre-Sentencing Investigation & Sentencing
12. Service of Sentence & Probation - ANSWER The Criminal Investigator's
role in the Judicial Process
Rules on questions of law - ANSWER Judges role in the criminal trial
Decides questions of fact - ANSWER Jury's role in the criminal trial
Case Agent - ANSWER Who must manage government witnesses
Case Agent - ANSWER Who must maintain care, custody, and physical control
of all government evidence prior to admission