Judgement heuristics and bias in evidence interpretation: The effects of computer generated exhibits

The increasing use of multi-media applications, trial presentation software and computer generated exhibits (CGE) has raised questions as to the potential impact of the use of presentation technology on juror decision making. A significant amount of the commentary on the manner in which CGE exerts legal influence is largely anecdotal; empirical examinations too are often devoid of established theoretical rationalisations. This paper will examine a range of established judgement heuristics (for example, the attribution error, representativeness, simulation), in order to establish their appropriate application for comprehending legal decisions. Analysis of both past cases and empirical studies will highlight the potential for heuristics and biases to be restricted or confounded by the use of CGE. The paper will conclude with some wider discussion on admissibility, access to justice, and emerging issues in the use of multi-media in court.