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Update: Gender Bias in the Courts

NCJ Number
137939
Journal
Trial Dated: (July 1991) Pages: 112-118
Author(s)
L H Schafran
Date Published
1991
Length
7 pages
Annotation
Some progress has been made to minimize gender bias in the courts, but problems persist.
Abstract
As of April 1991, 33 States, the District of Columbia, and Puerto Rico had exploratory committees or task forces in some stage of formation, data collection, or reform implementation with respect to gender bias. In most States that have issued reports, the chief justice has appointed a committee to implement task force recommendations. Appellate case law nationwide shows that judges are beginning to realize they went overboard in embracing short-term "rehabilitative" alimony as the appropriate response to all divorce cases. In addition, significant changes in State child support laws mandated by the Child Support Enforcement Act of 1984 and the Family Support Act of 1988 have had beneficial results. Nonetheless, problems arise when joint custody is court-imposed on parents who are unable to cooperate with each other. Judicial failure to consider spouse abuse in awarding custody is still a concern, even though significantly more attention is being devoted to domestic violence and rape. An additional problem is that minority women lawyers are often perceived as less competent than white female lawyers. A positive development in this regard is that law schools are beginning to integrate gender bias issues into their curricula.

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