Legal Definitions - B.F.

Bias

In a general sense, "bias" refers to an inclination, prejudice, or predilection for or against something, someone, or a group. It often implies a tendency to favor one side over another, sometimes in a way that is considered unfair or prevents objective judgment.

• Example 1 (Everyday Context): A film critic who consistently gives higher ratings to independent films than to blockbuster movies, regardless of their individual merits, might be accused of having a bias against mainstream cinema.
  This illustrates bias as a consistent inclination or preference that influences judgment.
• Example 2 (Professional Context): During a job interview process, a hiring manager might unconsciously favor candidates who attended the same university as them, even if other candidates are more qualified.
  This demonstrates how bias can manifest as an unconscious preference affecting professional decisions.

Actual Bias

Actual bias refers to a genuine, demonstrable prejudice or preconceived opinion that a person holds against another person or a relevant subject. This type of bias is openly acknowledged or clearly evident through a person's statements or actions, directly impacting their ability to be impartial.

• Example 1 (Legal Context - Juror): During jury selection for a criminal trial, a potential juror explicitly states that they believe anyone accused of the specific crime in question is automatically guilty, regardless of the evidence presented.
  This is an example of actual bias because the juror has openly expressed a genuine prejudice that would prevent them from impartially weighing the evidence.
• Example 2 (Professional Context - Witness): In a dispute over a construction contract, a witness for one of the parties admits under oath that they have a long-standing personal feud with the opposing party and wish to see them suffer financial losses.
  This illustrates actual bias as the witness's personal animosity directly influences their testimony and credibility.

Implied Bias

Implied bias, also sometimes called presumed bias, is a prejudice that is not openly stated but can be reasonably inferred or presumed based on a person's relationships, experiences, or circumstances. It suggests a potential for partiality due to a connection or situation, even if the person claims to be impartial.

• Example 1 (Legal Context - Juror): In a lawsuit against a major pharmaceutical company, a potential juror reveals that their immediate family member recently suffered severe side effects from a drug manufactured by that very company.
  Even if the juror claims they can be fair, an implied bias might be presumed due to their close personal connection to a negative experience with the defendant.
• Example 2 (Professional Context - Arbitrator): An arbitrator is appointed to resolve a commercial dispute between two businesses. It is later discovered that the arbitrator's spouse holds a significant ownership stake in one of the companies involved in the dispute.
  This situation creates an implied bias because the arbitrator's close family relationship and potential financial interest could reasonably be inferred to influence their judgment, regardless of their stated impartiality.

Judicial Bias

Judicial bias refers to a judge's inclination or prejudice toward one or more of the parties in a legal case over which they preside. For a judge to be disqualified or recused from a case due to bias, the prejudice typically must be personal, stemming from reasons outside of the courtroom proceedings, and not merely based on their legal opinions, rulings, or observations made during the trial itself.

• Example 1: A judge presiding over a contentious child custody case is discovered to have previously made highly critical public comments on social media about one of the parents involved, based on personal interactions they had outside of court.
  This could be considered judicial bias because the judge's prejudice is personal and originates from extrajudicial reasons, potentially affecting their impartiality in the case.
• Example 2: A judge is assigned to a case involving a dispute between a landlord and a tenant. Before becoming a judge, they were a prominent attorney known for exclusively representing landlords in similar disputes and publicly advocated for stricter tenant eviction laws.
  While a judge's prior professional background isn't automatically disqualifying, if their rulings or comments during the trial show a clear, personal favoritism towards the landlord beyond legal interpretation, it could raise concerns about judicial bias.