The Digital Decision – a rationale

Using the Additional Tools

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Using the Additional Tools

Just because the tools are available does not necessarily mean that they MUST be used. Only when it is necessary to explain or demonstrate a matter, usually of evidence, should digital tools be utilized in a judicial decision. An example may be that an expert witness has used a video clip from You Tube. The video clip enhances or perhaps clarifies a verbal description. Because this is part of the evidence that may be essential to a finding of fact, a hypertext link to that clip should be made available. The digital document, however, allows that video clip to be incorporated into the decision, making it immediately available to the reader.4 The reader’s ability to comprehend the fact finding or judicial reasoning process is immediately enhanced and the adjudicator is able to clearly demonstrate, by means in addition to text based or oral articulation, an important element necessary to arriving at a conclusion.

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