“Every juristic act essentially depends upon an expression of the will. It is in the meeting of the minds, unless the law implies a fictitious promise, that the obligation of valid contract finds its force [1].” A cognitive bias is a systematic pattern of deviation from norm or rationality in judgment [2]. Individuals create their own "subjective reality" from their perception of the input. An individual's construction of reality, not the objective input, may dictate their behavior in the world. Thus, cognitive biases may sometimes lead to perceptual distortion, inaccurate judgment, illogical interpretation, or what is broadly called irrationality [3-5]. 

Biasing 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 can be toward an ethnic group, homosexuals, women or men, defendants or plaintiffs, large corporations, or local parties. Getting a "hometown" decision is a form of bias which is the bane of the out-of-town lawyer. There is also the subtle bias of some male judges in favor of pretty women. Obvious bias is a ground for reversal on appeal, but it is hard to prove, since judges are usually careful to display apparent fairness in their comments. The possibility of juror bias is explored in questioning at the beginning of trial in a questioning process called voir dire [6].

Definition of Terms

Backtracking is a general algorithm for finding all (or some) solutions to some computational problems, notably constraint satisfaction problems, that incrementally builds candidates to the solutions and abandons a candidate ("backtracks") as soon as it determines that the candidate cannot possibly be completed to a valid solution [7]. 

Albi

• The plea of having been at the time of the commission of an act elsewhere than at the place of commission also: The fact or state of having been elsewhere at the time

• An excuse usually intended to avert blame or punishment (as for failure or negligence)

• Someone or something that provides a person with an alibi [8]

Bias is a disproportionate weight in favor of or against an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, or a belief [9]. In science and engineering, a bias is a systematic error. Statistical bias results from an unfair sampling of a population, or from an estimation process that does not give accurate results on average [10].

Narrative

A story or a description of a series of events a spoken or written account of connected events; a story (Oxford) [11].

Analysis

Backtracking: Construction of solution may be time and resource consuming. Some may fall short. What is expected is support. Ample documentation, utmost leniency yet diligent approaches should be used. Past, Present and future analysis must be observed (Fortunado).

A person’s mind could be made up already. He could might as well ask for forgiveness for his misdeed or it may be just an accident. It is another sin if he does not admit he is guilty. We must take responsibility of our actions:

• We must carefully recognize that an event happened and the crisis happened

• There is a motive or intent in an action

• There is misjudgment or accident in an action

• There is negligence in an action

• There is non acceptance of an action

Note: These five are the elements to be considered in a backtrack. A backtrack could answer one or any of these. Addition to and further evaluation of these is greatly welcomed.

Alibiing

We must also check carefully the alibi. Perhaps it is not true, true or it may hide true intentions and details. 

Error in Decision must be Reexamined

What are "grounds" for an appeal?

A “ground” is a legal term that means the reason for the appeal. You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal [12].

There may be some coercion as evidenced psychological or physical in some ways.

A miscarriage of justice, also known as a wrongful conviction, occurs when a person is convicted and punished for a crime that they did not commit [9]. False confessions by psychologically vulnerable defendants are one of the main causes of wrongful convictions, sometimes exacerbated by coercive police interrogations. Police misconduct also contributes to miscarriages of justice. The Innocence Project keeps statistics on cases where convicted defendants have subsequently been exonerated, usually by advances in the science of DNA. However, the prevalence of such miscarriages is hard to measure because many wrongful convictions are never overturned.

The term also applies to cases where a guilty person goes free, sometimes known as "errors of impunity". Most criminal justice systems have some means to overturn or quash a wrongful conviction, but this is often difficult to achieve. In some instances a wrongful conviction is not overturned for several decades, or until after the innocent person has been executed, released from custody, or has died.

Garner [13] a grossly unfair outcome in a judicial proceeding, as when a defendant is convicted despite a lack of evidence on an essential element of the crime also termed a failure of justice.

There is Framing-Up and also Counter Framing-up Strategies and Setup. Each Step Should be Examined

In the United States criminal law, a frame-up (frame-up) or setup is the act of framing someone, that is, providing false evidence or false testimony in order to falsely prove someone guilty of a crime [9]. While incriminating those who are innocent might be done out of sheer malice, framing is primarily used as a distraction.

Generally, the person who is framing someone else is the actual perpetrator of the crime. In other cases it is an attempt by law enforcement to get around due process. Motives include getting rid of political dissidents or "correcting" what they see as the court's mistake. Some lawbreakers will try to claim they were framed as a defense strategy [14].

Sometimes there are motives which may lead to the harm of innocent people.

Note: These four are the elements to be considered in an alibi. An alibi could answer one or any of these. Addition to and further evaluation of these is greatly welcomed.

Biasing

Epicurean Paradox may question God and yet prove the existence of evil. One of the Responses is the test of character (Fortunado and Eballo) people do the same, test the character. 

Note: Some may disagree doing these things.

We are there to challenge the person, the activity and the remorse or not. Test could be employed such as questioning and the dark triad test as an example.

Being biased should be avoided. There is pun here. What is permitted is to question and act to what could have been. What is permitted is to show consideration to the parties involved.

Take for the account of King Solomon’s Solution where no other Witnesses are there

The Judgement of Solomon is a story from the Hebrew Bible in which King Solomon of Israel ruled between two women both claiming to be the mother of a child. Solomon revealed their true feelings and relationship to the child by suggesting the baby be cut in two, each woman to receive half. With this strategy, he was able to discern the non-mother as the woman who entirely approved of this proposal, while the actual mother begged that the sword might be sheathed and the child committed to the care of her rival. Some consider this approach to justice an archetypal example of an impartial judge displaying wisdom in making a ruling (1 Kings 3:16-28).

There are Interrogation Strategies to Verify or Counter Verify Statements

The "Good cop/bad cop" routine, also called Mutt and Jeff, joint questioning or friend and foe [9], is a psychological tactic used in negotiation and interrogation [10]. "Good cop/bad cop" tactics involve a team of two interrogators who take apparently opposing approaches to the subject. The interrogators may interview the subject alternately or may confront the subject at the same time [16].

Tests could be Employed to know the Capacity of Person in doing Such Things

There is dark triad test as an example. 

The dark triad personality traits are three closely related yet independent personality traits that all have a somewhat malevolent connotation. The three traits are machiavellianism (a manipulative attitude), narcissism (excessive self-love) and psychopathy (lack of empathy). The dark triad has traditionally been assessed with three tests different tests, each of which had been developed individually. Most commonly, the Narcissistic Personality Inventory (NPI) was used as the measure of narcissism, the MACH-IV for machiavellianism and the Self-Report Psychopathy Scale (SRP) for psychopathy. Format differences between these (multiple choice versus scale rating) complicated administration and analysis. The Short Dark Triad was developed by Paulhus and Jones [17] to provide a more uniform assessment and also to trim down the total length.

Note: These three are the elements to be considered in a bias. A bias could answer one or any of these. Addition to and further evaluation of these is greatly welcomed.

• We must find all possible and viable solutions to every problem that we are facing

• In every rule there is an exemption. Exemptions are granted to those who truly deserve

• These three: backtrack, alibi and bias are arranged in importance. If backtrack is satisfied, one could proceed to alibi. Then if alibi is satisfied, one could proceed to bias

• Addition to these three or further evaluation is greatly welcomed

• A narrative or summary to discuss what may be a close to a reasonable doubt is essential

• This paper is not limited to criminal law but also in law in general

• Proper backtrack, alibi, bias and narrative should be observed

It is best to find solutions to problems. Each must be given justice. We must double check solutions and do not find rest when justice is not given. Biasing is relying on ourselves to give what is due but this is not enough. Backtracking is tracing the tracts one has made. Alibiing is not a privilege or right, you don’t have to defend yourself if you are not guilty and likewise no reason is enough if you are guilty. These three forerunners have consequences for the good and welfare of the people. We must work on it vigilantly. And finally, there is heroes’ dilemma and believer’s dilemma (Fortunado) which could affect an action for the victim, suspect and judge involved. One could put law in his or her hand. Proper narrative should summarize the course of a case. Care to nature and lifeforms should considered also.

1. Stadden, Corry Montague. “Error on Law.” Columbia Law Review, vol. 7, no. 7, November 1907, pp. 476–519.

2. Haselton, M.G. et al. “The Evolution of Cognitive Bias.” The Handbook of Evolutionary Psychology, edited by D.M. Buss, John Wiley and Sons, 2005, pp. 724–746.

3. Kahneman, D. and A. Tversky. “Subjective Probability: A Judgment of Representativeness.” Cognitive Psychology, vol. 3, no. 3, 1972, pp. 430–454. https://doi.org/10.1016/0010-0285(72)90016-3.

4. Baron, J. Thinking and Deciding. 4th ed., Cambridge University Press, 2007.

5. Ariely, D. Predictably Irrational: The Hidden Forces That Shape Our Decisions. HarperCollins, 2008.

6. Law.com. “Bias.” Law.com Dictionary,
   https://dictionary.law.com/Default.aspx?selected=61.

7. Gurari, E. “CIS 680: Data Structures: Chapter 19: Backtracking Algorithms.” 1999.

8. Merriam-Webster. “Alibi.” Merriam-Webster Dictionary,
   https://www.merriam-webster.com/dictionary/alibi.

9. Steinbock, B. “Speciesism and the Idea of Equality.” Philosophy, vol. 53, no. 204, 1978, pp. 247–256. https://doi.org/10.1017/S0031819100016582.

10. Welsh, M. et al. “What Have We Learned? Insights from a Decade of Bias Research.” The APPEA Journal, vol. 56, no. 1, 2016, p. 435. https://doi.org/10.1071/aj15032.

11. Cambridge Dictionary. “Narrative.” Cambridge Dictionary,
    https://dictionary.cambridge.org/us/dictionary/english/narrative.

12. Women’s Law. “Grounds for Appeal.” Women’s Law,
    https://www.womenslaw.org/laws/preparing-court-yourself/after-decision-issued/file-appeal/grounds-appeal.

13. Wikipedia. “Frameup.” Wikipedia,
    https://en.wikipedia.org/wiki/Frameup.

14. Central Intelligence Agency. Human Resource Exploitation Training Manual. 1983, pp. 26–27.

15. Paulhus, D.L. and D.N. Jones. “Introducing a Short Measure of the Dark Triad.” Poster presented at the meeting of the Society for Personality and Social Psychology, January 2011, San Antonio. 

16. https://openpsychometrics.org/tests/SD3/.