Saturday

JUDICIAL BIAS – A Fine Balance

People also ask:

What is a biased judge?

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 legal definition of bias - Legal Dictionary - The F

legal-dictionary.thefreedictionary.com/bias

When a judge has a conflict of interest?

Recuse. To disqualify or remove oneself as a judge over a particular proceeding because of one's conflict of interest. Recusal, or the judge's act of disqualifying himself or herself from presiding over a proceeding, is based on the Maxim that judges are charged with a duty of impartiality in administering justice.

Recuse legal definition of recuse

legal-dictionary.thefreedictionary.com/recuse

What is actual bias?

Bias may be actual, imputed or apparent. Actual bias is established where it is actually established that a decision-maker was prejudiced in favour of or against a party. However, in practice, the making of such an allegation is rare as it is very hard to prove.

Natural justice - Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Natural_justice
Search for: What is actual bias?

What are the circumstances under which a judicial officer may be required to disqualify himself from proceedings?

Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Judicial disqualification - Wikipedia, the free encyclopedia

en.wikipedia.org/wiki/Judicial_disqualification
Originally posted on Researching Reform:

The subject of judicial bias has always fascinated Researching Reform and in the family justice system, where discretion is not just an afterthought but a much-used tool, bias can be magnified and in turn can affect judgement.


In February of last year, we wrote about a piece in The Guardian which explained that judges who show persistently poor judgement cannot be sacked. In a world where most employees who fail to carry out their duties competently can be fired it seems rather out of touch with the modern-day work ethic, and perhaps highlights an entrenched superiority complex inside a system which believes it is above the law, not its custodian.

And in 2010 we also wrote about judicial bias and the fascinating research Cornell University published about impartiality amongst judges. So what gives? Can prejudices be removed and can humans be completely impartial or will bias always have a part…







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