bias

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Bias

A predisposition or a preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice.

A judge who demonstrates bias in a hearing over which he or she presides has a mental attitude toward a party to the litigation that hinders the judge from supervising fairly the course of the trial, thereby depriving the party of the right to a fair trial. A judge may Recuse himself or herself to avoid the appearance of bias.

If, during the Voir Dire, a prospective juror indicates bias toward either party in a lawsuit, the juror can be successfully challenged for cause and denied a seat on the jury.

bias

n. the predisposition of a judge, arbitrator, prospective juror, or anyone making a judicial decision, against or in favor of one of the parties or a class of persons. This can be shown by remarks, decisions contrary to fact, reason or law, or other unfair conduct. Bias can be toward an ethnic group, homosexuals, women or men, defendants or plaintiffs, large corporations, or local parties. Getting a "hometown" decision is a form of bias which is the bane of the out-of-town lawyer. There is also the subtle bias of some male judges in favor of pretty women. Obvious bias is a ground for reversal on appeal, but it is hard to prove, since judges are usually careful to display apparent fairness in their comments. The possibility of juror bias is explored in questioning at the beginning of trial in a questioning process called "voir dire." (See: voir dire, hometowned)

bias

noun bigotry, disinclination, disposition, foregone conclusion, inclinatio, inclination, jaundice, partiality, partisanism, partisanship, preapprehension, preconceived idea, preconception, predetermination, predilection, predisposition, preference, prejudgment, prejudication, prejudice, prenotion, proclivity, proneness, propensio animi, propensity, susceptibility, trend, undetachment
Associated concepts: actual bias, bias of mind
See also: bait, choice, discrimination, dispose, disposition, favor, favoritism, inclination, inequality, inequity, influence, injustice, intolerance, lure, nepotism, partiality, penchant, point of view, position, preconception, predetermination, predilection, predisposition, preference, prejudice, proclivity, propensity, slant, stand, tendency

BIAS. A particular influential power which sways the judgment; the inclination or propensity of the mind towards a particular object.
     2. Justice requires that the judge should have no bias for or against any individual; and that his mind should be perfectly free to act as the law requires.
     3. There is, however, one kind of bias which the courts suffer to influence them in their judgments it is a bias favorable to a class of cases, or persons, as distinguished from an individual case or person. A few examples will explain this. A bias is felt on account of convenience. 1 Ves. sen. 13, 14; 3 Atk. 524. It is also felt in favor of the heir at law, as when there is an heir on one side and a mere volunteer on the other. Willes, R. 570 1 W. Bl. 256; Amb. R. 645; 1 Ball & B. 309 1 Wils. R. 310 3 Atk. 747 Id. 222. On the other hand, the court leans against double portions for children; M'Clell. R. 356; 13 Price, R. 599 against double provisions, and double satisfactions; 3 Atk. R. 421 and against forfeitures. 3 T. R. 172. Vide, generally, 1 Burr. 419 1 Bos. & Pull. 614; 3 Bos. & Pull. 456 Ves. jr. 648 Jacob, Rep. 115; 1 Turn. & R. 350.

References in periodicals archive ?
It has been suggested that self-awareness regarding one's biases may be as important or even more important in determining behavior than the direct effect of the bias itself," according to the NBER study.
Overall, eliminating both biases from the sample would lead to a 12 percent increase in retirement savings, according to the authors' estimates.
Although confronting individuals with their personal biases can lead them to have negative emotions, negative emotions are a significant predictor of later reductions in bias (Czopp, Monteith, & Mark, 2006); considering this, counselor educators can encourage students to resolve their cognitive dissonance by committing themselves to reduction of implicit bias.
In summary, I suggest that coaches pay more attention to the tendencies mentioned above, become more aware of them, and critically develop training strategies to account for these intrinsic biases.
Other researchers have identified additional biases that may inflate ratings.
It is well known that the pro forma performance of a sample of investment funds contains biases.
In light of the havoc that biases can wreak, it is fortunate that we can do something about them.
And yet, too often, the purists use a total lack of involvement -- in anything -- as a cover for their inability to overcome more damaging biases.
It may sound absurd to say this in the 21st century, but experts claim many people still hold such biases and myths - even young adults.
Many who read this comment will automatically presume the child speaking is a girl and project their corresponding biases onto her.
Jim Klumpner [1996] in the previous article has attacked the analysis of CPI biases presented in the Interim Report to the Senate Finance Committee [1995] from the Advisory Commission to Study the Consumer Price Index.
In evaluating responses, the auditor should learn to distinguish fact from opinion, and be conscious of biases an interviewee may have.