The 'Lectric Law Library's Lexicon On
* BIAS *


 

BIAS - Any mental condition that would prevent a judge or juror from being fair and impartial is called bias. It may be ground for disqualification of the judge or juror in question.

A particular influential power which sways the judgment; the inclination or propensity of the mind towards a particular object.

Justice requires that the judge and jury should have no bias for or against any individual; and that his mind should be perfectly free to act as the law requires and a judge or juror can ofetn be removed or disqualified if bias can be properly shown, according to the requirements of the particular jurisdiction.

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. 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. On the other hand, the court leans against double portions for children; against double provisions, and double satisfactions; and against forfeitures.
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