ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

34 U.S.C. § 12372Training provided by grants

submitted 32 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 655 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lists topics that grant-funded judicial training programs may cover, using current research and data. Topics include the realities of rape, sexual assault, and domestic violence; their psychological and financial impact; how bias affects courts; and how these issues shape custody, sentencing, and case handling decisions.

Training funded by grants under this part may include current information, studies, or data on the following topics. On rape and sexual assault: (1) how often rape and sexual assault happen, including by strangers, people known to the victim, in marriages, and incest; (2) how often these crimes go unreported; (3) their physical, psychological, and financial impact on victims, their cost to society, and how that affects sentencing; (4) the psychology of offenders, how often they re-offend, and the effect on sentencing; (5) how laws and attitudes about rape and sexual assault have changed over time; (6) stereotypes based on the sex or race of victims and defendants, and how those stereotypes affect witness credibility, sentencing, and justice generally; (7) how rape shield laws and other evidence limits apply, including the need for judges to step in against improper cross-examination; (8) expert testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress, and similar topics; and (9) legitimate reasons victims of rape, sexual assault, or incest may refuse to testify. On domestic violence and dating violence: (10) how often domestic violence and dating violence happen, as defined in section 10447; (11) their physical, psychological, and financial impact, the cost to society, and effects on court procedures and sentencing; (12) the psychology of batterers and victims, and how that affects court proceedings and witness credibility; (13) stereotypes and myths about domestic and dating violence across different racial, ethnic, religious, or economic groups, and their effect on justice; (14) how laws and attitudes on domestic violence have evolved; (15) proper and improper use of self-defense and provocation defenses, and expert testimony on battered woman syndrome; (16) the risk that batterers will retaliate, reoffend, or escalate violence, and how incarceration and other real penalties affect that risk, including for violating protection orders; (17) the economic, psychological, social, and institutional reasons victims may stay with an abuser, not report abuse, or not follow through on complaints, including a lack of support from police, judges, and court staff, and legitimate reasons victims may refuse to testify; (18) the need for protection orders, and the effects of mutual orders, dual-arrest policies, and mediation in these cases; and (19) recognizing and responding to other gender-motivated violent crimes, like mass or serial murder targeting victims because of their gender. On custody and courts: (20) how domestic violence affects custody and visitation decisions, including protecting the child and the non-abusive parent, legitimate reasons a parent may report abuse, how abuse may relate to a batterer's wish to seek custody, and how to weigh expert testimony in these cases; (21) how child sexual assault affects custody and visitation decisions, including protecting the child, legitimate reasons a parent may report it, and how to weigh expert testimony, using current, scientifically accepted research; and (22) how addressing domestic violence and victim safety helps the courts run more efficiently.
the actual law source: uscode.house.gov ↗public domain

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 1 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 and sentencing;

(12)

the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses;

(13)

sex stereotyping of female and male victims of domestic violence and dating violence, myths about presence or absence of domestic violence and dating violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;

(14)

historical evolution of laws and attitudes on domestic violence;

(15)

proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;

(16)

the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;

(17)

economic, psychological, social and institutional reasons for victims’ inability to leave the batterer, to report domestic violence or dating violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence or dating violence may refuse to testify against a defendant;

(18)

the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence and dating violence cases;

(19)

recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims;

(20)

the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence;

(21)

the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; 2

(22)

the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice; 3

Source credit: (Pub. L. 103–322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943; Pub. L. 106–386, div. B, title IV, § 1406(a)(1), (d)(2), Oct. 28, 2000, 114 Stat. 1515, 1517.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-322 · 108 Stat. 1943
  • 2000Amended · Pub. L. 106-386 · 114 Stat. 1515, 1517

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case