Studies show that judges base their decisions on precedents' description on Wikipedia and not law sites. Thoughts?

[Cubus]

https://www.lawnext.com/2022/07/scientists-conclude-that-wikipedia-influences-judges-legal-reasoning.html

[OlderAndWiser]

The way this article is written seems designed to appeal to populist sentiments and the disfavor of courts but there is an alternate explanation that seems to be ignored.

When I have an important hearing coming up, I do legal research to find case law - valid legal precedents - to support my argument. There are legal databases I can use but I can also simply google a question and I may, indeed, find a wikipedia article on that question. That article may center on a particular court decision from the past. I then read that decision and, if I think it actually supports my position, I may cite that decision to the trial judge. I would never tell the judge that I found the decision in Wikipedia because that is a meaningless fact; I could have found the prior decision through some other means. What is important is only whether the prior decision actually supports my argument.

If the judge rules in my favor, he or she may cite the decision I found in Wikipedia without ever realizing that I found it through that means. But if you look afterwards, you may conclude that the judge ryled in my favor because that precedent was mentioned in a Wikipedia artcle.

[Cubus]

You work in law right?

I'm a law student. Although I believe here researching for a legal problem looks different, as we have civil law, not common law, so we don't have precedents.

[OlderAndWiser]

Yes, I have been practicing law since 1986.

[Cubus]

Neat.

[OlderAndWiser]

Thanks for MHO!

[Cubus]

You're welcome

[NathanDavis]

is it possible...

that they use Wikipedia as the one site for which they can easily go to actual online sources that are "more serious" because you know that every Wikipedia article has an index of actual sources from other sites which do have more complete information and stuff

maybe they're just using it as reference, at least that's how I use Wikipedia for many things

but who knows, I have not actually read that study and the details about it... lol

[Lucy68]

It's 10th grade all over again when I had 2nd period Law and Society class.

Fun fact but this is both a true and false question. While some judges will base their rulings over this others do not. Unfortunately the majority will and do base their rulings/decisions via Wikipedia

[Cubus]

Yeah, now I know how would my work look like, as a law student :D

[Lucy68]

Thank you for the MHO

[Cubus]

You're welcome

[Emiliamazing]

Not sure I like hearing this, but there are thousands of judges in the United States and I guess it wouldn’t surprise me if some resort to this type of information rather than using legitimate legal resources.

[Cubus]

Not only in USA. In Ireland too, according to the source.

[Guy13]

That is frightening and shows two things:

--How liberal and aloof both our Judicial and Law Enforcement System are... --How totally depraved the individual is only concerned for Ease of Self.

[EnglishEuropean]

Because only liberals use Wikipedia amirite?

[Avicenna]

If so, that's inexcusable and pathetic. I would have thought their ideology was most decisive though.

[EnglishEuropean]

I read Wikipedia so I guess that makes me a judge. Don't get brazen with me!

Sorry... you either get it or you don't.

[TrueConfection]

That explains a lot.

[exitseven]

That probably explains a lot.