CACI No. 113. Bias
Judicial Council of California Civil Jury Instructions (2025 edition)
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113.Bias
Each one of us has biases about or certain perceptions or stereotypes of
other people. Bias is a tendency to favor or disfavor a person or group of
people. We may be aware of some of our biases, though we may not
reveal them to others. We may not be fully aware of some of our other
biases. We refer to biases that we are not fully aware of as “implicit” or
“unconscious.” They may be based on stereotypes we would reject if they
were brought to our attention. Implicit or unconscious biases can affect
how we perceive others and how we make decisions, without our being
aware of the effect of these biases on those decisions.
Our biases often affect how we act, favorably or unfavorably, toward
someone. Bias can affect our thoughts, how we remember, what we see
and hear, and whom we believe or disbelieve. We may favor or be more
likely to believe people whom we see as similar to us or with whom we
identify. Or we may disfavor or be less likely to believe people whom we
see as different from us.
As jurors you are being asked to make very important decisions in this
case. You must not let bias, prejudice, or public opinion influence your
decision. You must not be biased in favor of or against parties or
witnesses because of their race, national origin, ethnicity, disability,
gender, gender identity, gender expression, religion, sexual orientation,
age, [or] socioeconomic status[, or [insert any other impermissible form of
bias]].
Your verdict must be based solely on the evidence presented. You must
carefully evaluate the evidence and resist any urge to reach a verdict
that is influenced by bias for or against any party or witness.
New June 2010; Revised December 2012, May 2020, November 2023
Directions for Use
The court in consultation with the parties may add categories in paragraph 3 as
relevant to the case.
Sources and Authority
• Duty to Prevent Bias and Ensure Fairness. Standard 10.20(b)(1), (2) of the
California Standards of Judicial Administration.
• Judge Must Perform Duties Without Bias. Canon 3(b)(5) of the California Code
of Judicial Ethics.
Secondary Sources
Witkin, California Procedure (5th ed. 2008) Trial, §§ 145-146
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1 California Trial Guide, Unit 10, Voir Dire Examination, §§ 10.03[1], 10.21[2],
10.50, 10.80, 10.100, 10.110 (Matthew Bender)
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure,
Ch. 6, Jury Selection, § 6.21
CACI No. 113 PRETRIAL INSTRUCTIONS
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© Judicial Council of California.
