Legal Definitions - bias

In a legal context, bias refers to a pre-existing inclination, prejudice, or favoritism for or against a person, group, or idea that can influence judgment or actions. This inclination can be conscious or unconscious and may stem from personal relationships, experiences, or beliefs. When bias is present, it can compromise fairness and impartiality, particularly in legal proceedings where objective decision-making is crucial.

For instance, in a trial, bias might affect a witness's testimony, a juror's deliberation, or even a judge's ruling. The law aims to identify and address bias to ensure that legal outcomes are based on facts and applicable law, rather than on unfair predispositions.

• Example 1: Witness Bias

  Imagine a criminal trial where the key witness for the prosecution is the defendant's estranged sibling, with whom the defendant has a long history of bitter disputes. The sibling's testimony might be influenced by their personal animosity towards the defendant, rather than solely by objective facts. This personal relationship creates a potential for bias, as the sibling might unconsciously or consciously exaggerate negative details or omit favorable ones to harm the defendant's case. The court would allow the defense to highlight this relationship to the jury, suggesting that the witness's testimony might be unreliable due to their pre-existing inclination against the defendant.

• Example 2: Juror Bias

  During jury selection for a civil lawsuit involving a large corporation accused of environmental damage, a potential juror reveals during questioning that they previously worked for a competing environmental advocacy group and believe all large corporations are inherently destructive. This juror demonstrates a clear pre-existing inclination (bias) against large corporations, which could prevent them from impartially evaluating the evidence presented in the case. Their strong personal belief might lead them to favor the plaintiff's arguments and disregard the defendant's evidence, regardless of its merit. Because of this potential for bias, the juror would likely be excused from serving on the jury to ensure a fair trial.

• Example 3: Expert Witness Bias

  Consider a medical malpractice case where a doctor is called as an expert witness by the plaintiff to testify that the defendant doctor was negligent. It is later revealed that the expert witness frequently collaborates on research projects with the plaintiff's attorney and has received substantial fees from this attorney's firm for previous expert testimonies. The expert witness's professional and financial relationship with the plaintiff's attorney could create an implied bias. While the expert might genuinely believe in their testimony, their repeated collaboration and financial ties could unconsciously incline them to favor the plaintiff's side, potentially influencing their professional opinion or the way they present complex medical information. The defense would likely bring this relationship to the jury's attention to suggest that the expert's opinion might not be entirely objective.