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34 U.S.C. § 12373 — Cooperation in developing programs in

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12373 — Cooperation in developing programs in

Page 362 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12373 1 So in original. Probably should be ‘‘Administrative Office of the United States Courts’’. 1 See Codification note below. AMENDMENTS 2000—Par. (10). Pub. L. 106–386, § 1406(d)(2)(A), inserted ‘‘and dating violence (as defined in section 3796gg–2 of this title)’’ before the semicolon. Par. (11). Pub. L. 106–386, § 1406(d)(2)(B), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’. Par. (13). Pub. L. 106–386, § 1406(d)(2)(C), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’ in two places. Par. (17). Pub. L. 106–386, § 1406(d)(2)(D), inserted ‘‘or dating violence’’ after ‘‘domestic violence’’ in two places. Par. (18). Pub. L. 106–386, § 1406(d)(2)(E), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’. Pars. (20) to (22). Pub. L. 106–386, § 1406(a)(1), added pars. (20) to (22). § 12373. Cooperation in developing programs in making grants under this part The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this part are developed with the par- ticipation of law enforcement officials, public and private nonprofit victim advocates, includ- ing national, State, tribal, and local domestic violence and sexual assault programs and coali- tions, legal experts, prosecutors, defense attor- neys, and recognized experts on gender bias in the courts. (Pub. L. 103–322, title IV, § 40413, Sept. 13, 1994, 108 Stat. 1944; Pub. L. 106–386, div. B, title IV, § 1406(c)(1), Oct. 28, 2000, 114 Stat. 1516.) Editorial Notes CODIFICATION Section was formerly classified to section 13993 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Pub. L. 10

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Page 362 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12373 1 So in original. Probably should be ‘‘Administrative Office of the United States Courts’’. 1 See Codification note below. AMENDMENTS 2000—Par. (10). Pub. L. 106–386, § 1406(d)(2)(A), inserted ‘‘and dating violence (as defined in section 3796gg–2 of this title)’’ before the semicolon. Par. (11). Pub. L. 106–386, § 1406(d)(2)(B), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’. Par. (13). Pub. L. 106–386, § 1406(d)(2)(C), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’ in two places. Par. (17). Pub. L. 106–386, § 1406(d)(2)(D), inserted ‘‘or dating violence’’ after ‘‘domestic violence’’ in two places. Par. (18). Pub. L. 106–386, § 1406(d)(2)(E), inserted ‘‘and dating violence’’ after ‘‘domestic violence’’. Pars. (20) to (22). Pub. L. 106–386, § 1406(a)(1), added pars. (20) to (22). § 12373. Cooperation in developing programs in making grants under this part The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this part are developed with the par- ticipation of law enforcement officials, public and private nonprofit victim advocates, includ- ing national, State, tribal, and local domestic violence and sexual assault programs and coali- tions, legal experts, prosecutors, defense attor- neys, and recognized experts on gender bias in the courts. (Pub. L. 103–322, title IV, § 40413, Sept. 13, 1994, 108 Stat. 1944; Pub. L. 106–386, div. B, title IV, § 1406(c)(1), Oct. 28, 2000, 114 Stat. 1516.) Editorial Notes CODIFICATION Section was formerly classified to section 13993 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Pub. L. 106–386 inserted ‘‘, including national, State, tribal, and local domestic violence and sexual assault programs and coalitions’’ after ‘‘victim advo- cates’’. SUBPART 2—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS § 12381. Authorization of circuit studies; edu- cation and training grants (a) Studies In order to gain a better understanding of the nature and the extent of gender bias in the Fed- eral courts, the circuit judicial councils are en- couraged 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, at- torneys, jurors, and judges in the courts, in- cluding 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 Judi- cial Conference and the courts; (8) case management and court sponsored al- ternative 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 pro- vide the Administrative Office of the Courts of the United States 1 with their reports and re- lated 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 imple- ment this subsection. (Pub. L. 103–322, title IV, § 40421, Sept. 13, 1994, 108 Stat. 1944; Pub. L. 106–386, div. B, title IV, § 1406(b)(1), Oct. 28, 2000, 114 Stat. 1516.) Editorial Notes CODIFICATION Section was formerly classified to section 14001 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–386 amended heading and text of subsec. (d) generally, substituting provi- sions relating to continuing education and training programs for provisions relating to model programs. PART E—VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS § 12391. Payment of cost of testing for sexually transmitted diseases (a) Omitted (b) Limited testing of defendants (1) Court order The victim of an offense of the type referred to in subsection (a) 1 may obtain an order in the district court of the United States for the district in which charges are brought against

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12373 — Training provided by grants

Training provided pursuant to grants made under this part may include current information, existing studies, or current data on— (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest; (2) the underreporting of rape, sexual assault, and child sexual abuse; (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; (5) the historical evolution of laws and attitudes on rape and sexual assault; (6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice; (7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination; (8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues; (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant; (10) the nature and incidence of domestic violence and dating violence (as defined in section 10447 11 See References in Text note below. of this title); (11) the physical, psychological, and economic impact of domestic violence and dating violence on the victim, the costs to society, and the implications for court procedures a

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