Page 156 - Magistrates Conference 2019

• Arguments from antiquity - arguing that something is right because it has always been

that way;
• Bandwagon bias - tendency to assume that the opinion of the majority is the valid

opinion;

• Argument from ignorance - thinking that because something has not been proven to
be false then it must be true or vice versa;

• Correspondence bias - the tendency to explain other behaviours overemphasising their
personal disposition and downplaying the relevance of the situation;

Addressing unconscious bias
• The first step is recognising and acknowledging that you must have some unconscious

biases;
• Try identifying what the biases are and analyse the identified biases;

• Get some honest feedback from colleagues or court staff to address and overcome the

biases;
• When the case papers come in, test to see whether any preliminary view you may

have come to is influenced in any way by your views and beliefs as opposed to the
merits of the case;

• Analyse your reasoning and ask yourself whether your decision have been affected by

any prejudice you may hold;
• Confront yourself regularly about the issue to ensure that it is a live one in your mind

whilst carrying out your duties;

• Remind yourself to be fair and objective in you reasoning and judgment.

The Commonwealth Judicial Education Institution has provided the following possible

methodology for the delivery of short oral judgment/decision by a magistrate:
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