A study finds that judges in Ireland were more likely to cite cases if they had Wikipedia articles. That raises a host of questions.
When I spoke to Rebecca O’Neill, a project coordinator for Wikimedia Community Ireland, she expressed concerns about thesome publications have used to describe the research and its reception on Twitter. Some people seem to have focused less on the judicial behavior at issue and more on the trustworthiness of Wikipedia, which is ironic considering that the Wikipedia articles created for this experiment are of very high quality.
Back to the judges, then. How might it happen that an Irish judge—or an American judge for that matter—could be influenced by Wikipedia? Although the paper doesn’t offer details from specific cases, it seems worthwhile to consider a plausible hypothetical scenario. Consider an imaginary Irish judge on the High Court. Our judge is ruling on a case involving the propriety of law enforcement handcuffing someone who has been arrested for marijuana.
effect versus the incremental effect . “The crucial thing here is that we are not just saying there is ‘some’ similarity between these things. We are saying that there is ‘more’ similarity when we have published the Wikipedia articles than for the ones we did not publish,” Thompson said.Overall, it sure looks like the Irish judges were influenced by Wikipedia, but before you judge the judges, it’s worth considering their working conditions.
on the High Court. Given the lack of resources, it makes intuitive sense that judges and judicial staff at this level would check Wikipedia before dashing off a hastily written opinion.But there’s still the basic question: Why is it a problem if judges are influenced in some fashion by Wikipedia? Remember that in this experiment the newly created Wikipedia articles were accurate and substantive.
For Flanagan, a law professor at Maynooth and a co-author of the study, the chief concern is Wikipedia’s opacity. “Traditionally, litigants expect that only recognized professional expertise will be used and that it will be reflected in the reasons for a court’s decision,” Flanagan said.
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