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Title 34 — Crime Control and Law Enforcement

Part D · Chapter 121 — Violent Crime Control and Law Enforcement

§ 12381. Authorization of circuit studies; education and training grants

Statutory text

(a)

Studies

In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms.

(b)

Matters for examination

The studies under subsection (a) may include an examination of the effects of gender on—

(1)

the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges;

(2)

the interpretation and application of the law, both civil and criminal;

(3)

treatment of defendants in criminal cases;

(4)

treatment of victims of violent crimes in judicial proceedings;

(5)

sentencing;

(6)

sentencing alternatives and the nature of supervision of probation and parole;

(7)

appointments to committees of the Judicial Conference and the courts;

(8)

case management and court sponsored alternative dispute resolution programs;

(9)

the selection, retention, promotion, and treatment of employees;

(10)

appointment of arbitrators, experts, and special masters;

(11)

the admissibility of the victim’s past sexual history in civil and criminal cases; and

(12)

the aspects of the topics listed in section 12372 of this title that pertain to issues within the jurisdiction of the Federal courts.

(c)

Clearinghouse

The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States 1 with their reports and related material.

(d)

Continuing education and training programs

The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, shall include in the educational programs it prepares, including the training programs for newly appointed judges, information on the aspects of the topics listed in section 12372 of this title that pertain to issues within the jurisdiction of the Federal courts, and shall prepare materials necessary to implement this subsection.

Footnotes

  1. 1 So in original. Probably should be “Administrative Office of the United States Courts”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Equal Justice for Women in the Courts Act of 1994

    Pub. L. 103–322 title IV § 40421 · 108 Stat. 1796

    Enacted · 34 U.S.C. § 12381

    Pub. L. 103–322, title IV, § 40421, Sept. 13, 1994, 108 Stat. 1944

    Source evidence

    Code source credit
    Pub. L. 103–322, title IV, § 40421, Sept. 13, 1994, 108 Stat. 1944

    Enacted provision · exact public law section
    SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS. (a) Studies.— In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms. (b) Matters for Examination.— The studies under subsection (a) may include an examination of the effects of gender on— (1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges; (2) the interpretation and application of the law, both civil and criminal; (3) treatment of defendants in criminal cases; (4) treatment of victims of violent crimes in judicial proceedings; (5) sentencing; (6) sentencing alternatives and the nature of supervision of probation and parole; (7) appointments to committees of the Judicial Conference and the courts; (8) case management and court sponsored alternative dispute resolution programs; (9) the selection, retention, promotion, and treatment of employees; (10) appointment of arbitrators, experts, and special masters; (11) the admissibility of the victim’s past sexual history in civil and criminal cases; and (12) the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts, (c) Clearinghouse.— The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States with their reports and related material. (d) Model Programs.— The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may— (1) include in the educational programs it presents and prepares, including the training programs for newly appointed judges, information on issues related to gender bias in the courts including such areas as are listed in subsection (a) along with such other topics as the Federal Judicial Center deems appropriate; (2) prepare materials necessary to implement this subsection; and (3) take into consideration the findings and recommendations of the studies conducted pursuant to subsection (a), and to consult with individuals and groups with relevant expertise in gender bias issues as it prepares or revises such materials.

  2. Violence Against Women Act of 2000

    Pub. L. 106–386 div. B title IV § 1406(b)(1) · 114 Stat. 1464

    1. Amended · 34 U.S.C. § 12381(d)

      Pub. L. 106–386 amended heading and text of subsec. (d) generally

    2. Substituted · 34 U.S.C. § 12381(d)

      Pub. L. 106–386 substituting provisions relating to continuing education and training programs for provisions relating to model programs

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–386 amended heading and text of subsec. (d) generally, substituting provisions relating to continuing education and training programs for provisions relating to model programs.

    Enacted provision · exact public law section
    (1) Section 40421.— Section 40421(d) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read as follows: “(d) Continuing Education and Training Programs.— The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, shall include in the educational programs it prepares, including the training programs for newly appointed judges, information on the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts, and shall prepare materials necessary to implement this subsection.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 14001 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2000—Subsec. (d). Pub. L. 106–386 amended heading and text of subsec. (d) generally, substituting provisions relating to continuing education and training programs for provisions relating to model programs.

Credits

1994–2000 · 2 acts
  1. 1994Pub. L. 103–322, title IV, § 40421, , 108 Stat. 1944
  2. 2000Pub. L. 106–386, div. B, title IV, § 1406(b)(1), , 114 Stat. 1516.
Show as published

(Pub. L. 103–322, title IV, § 40421, , 108 Stat. 1944; Pub. L. 106–386, div. B, title IV, § 1406(b)(1), , 114 Stat. 1516.)

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