Understanding the Judicial Role in Addressing Gender Bias: A View from the Eighth Circuit Federal Court System

The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing gender bias in federal litigation, using data gathered for the Eighth Circuit Gender Fairness Task Force. The federal judges of this circuit were surveyed about their experiences, observations, and opinions of gender-biased conduct. Results indicated that although judges viewed judicial intervention as an appropriate response to gender bias, they had little personal experience with intervention in such a situation. Fur thermore, when specific hypothetical scenarios were presented, they generally agreed that the described conduct was inappropriate but offered little consensus regarding the best course of action for an attorney or judge confronted with such behavior. The Eighth Circuit data thus provide the basis for expanded understanding of the conduct at issue, the options for action in response, and the persistent discrepancy in viewpoints on gender bias and the judicial role.     

Knowledge of spouse abuse in the community: A comparison across locations

Of concern to many who study criminality of all kinds is the high level of known abuse in a climate of noninvolvement by others. The research reported in this paper clearly indicates that noninvolvement in spousal assault cases is not dependent on low levels of knowledge of the problem, as many people admit to being aware of its occurrence among relatives, friends, and neighbors. This knowledge does vary, however, by location of the respondents with strong effects of nonmetropolitan residents expressing greater knowledge of the occurrence of this violence than people living in urban areas. We find this in the context of lower levels of self-reported victimization. It could be that these lower levels reflect a reluctance on the part of nonmetropolitan women to admit to researchers that they are victims of this problem. Or, it could suggest that these women have access to a more intricate network of support from friends and family who become involved in discussing this problem with the victims and helping them to reduce its incidence.