What is Bias?

So, what is bias? It is defined as, "A predisposition or a preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice."

Simply put: it is a state of mind when you have already decided on the issue without even knowing the full facts. You may call it prejudice or being partial.

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For example, many people will believe more easily in the guilt of the accused if the alleged pickpocket is black. In your mind Spielberg's next film also is likely to be good. So bias could be both in favor and against a person.

What is Bias?

But then, can there be any person who is totally free from any bias? If we go about looking for a person who has no opinion on any issue, we may as well appoint robots to all the Supreme Courts and be done with it. Courts therefore take a very practical view when a question of bias on the part of any adjudicator is raised.

Take the Spielberg example. You start with a notion that a Spielberg film is usually good. You may very well change your opinion half way through the film. Same is about most things. You may start with a notion, but may not necessarily be biased.

But then often we are faced with a problem. How do you decide the question of bias? After all, nobody is ever likely to believe that he was not the most eligible candidate and was done in because of biased attitude of the judges. Ever watched the American Idols?

Courts have, in fact devised a very simple rule. The rule is: if any man of ordinary prudence has reasonable grounds to believe that 'x' will be biased in the matter, then 'x' would be barred from adjudicating that issue.

Take this simple example. You go for a job interview and come to know that one of the candidates is brother-in-law of chairman of the company. How will you assess your chances of success if there is only one vacancy?

Suppose you had complained about irregularities committed by a senior manager to the company's Board. What are your chances of selection for a higher post if the selection is totally in the hands of this one man? But this is not all. Even if one person in the committee is biased, the committee's decision will be treated as infused by biased. This is because, as the courts have held, when people sit together, they are bound to influence each other.

In both the cases, a reasonable man will have more than adequate ground to believe that the selection is not likely to be fair. If an allegation of bias is raised in these cases, it will be sufficient.

Of course, courts prefer that you raise allegation of bias as soon as you become aware of the situation. They frown upon any petition which is submitted as an afterthought after you have been unable to make the selection. Because that means, for example, that the candidate wanted to hold a trump cared in his hands. He would allege bias in case he was not selected. He would not be allowed to do so.

Finally, remember: when a goose is on trial, fox should not be in the jury.

What is Bias?

You are welcome to visit http://departmentalinquiry.com/ to see more articles on disciplinary proceedings.

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