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Prosecutor Loses Case For Citing Wikipedia

Posted by CmdrTaco on from the citation-needed dept.

Hugh Pickens writes "The Philippine Daily Inquirer reports on a recent case where the Office of the Solicitor General (OSG) lost an appeal after seeking to impeach the testimony of a defendant's expert witness by citing an article from Wikipedia. In her brief, the defendant said 'the authority, alluded to by oppositor-appellant, the "Diagnostic and Statistical Manual of Mental Health Disorders DSM-IV-TR," was taken from an Internet website commonly known as Wikipedia,' and argued that Wikipedia itself contains a disclaimer saying it 'makes no guarantee of validity.' The court in finding for the defendant said in its decision that it found 'incredible ... if not a haphazard attempt, on the part of the (OSG) to impeach an expert witness, with, as pointed out by (the defendant) unreliable information. This is certainly unacceptable evidence, nothing short of a mere allegation totally unsupported by authority.'"

13 of 315 comments (clear)

  1. so... by conspirator57 · · Score: 5, Insightful

    who was actually correct about the facts of the matter?

    sight unseen, i bet Wikipedia.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
    1. Re:so... by codegen · · Score: 5, Insightful

      sight unseen, i bet Wikipedia

      I think you would loose that bet. If you actually read the article (I know, I know, this is slashdot), you would find that it involves the psychological evaluation of a woman and her husband. At the trial, the expert who had done the evaulation was not cross examined, and in the appeal the OSG attempted to impeach the expert using general information from Wikipedia. Using an article from any general information source (encyclopedia britannica or wikipedia) to attempt to contradict a specific evaluation of a specific case by a recognized expert in the field is foolhardy at best and deserves to be shot down. In Addition, the court noted that the Solicitor General had access to government mental health experts that could be used, and failed to use them.

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    2. Re:so... by wjousts · · Score: 4, Insightful

      Because nobody cares about the path to the answer, it's not important. Nobody cares that you started with Wikipedia to get the real reference to a reliable source. You cite the original source of a fact.

      Otherwise were does it end? I started with some internet forum where some anonymous poster told be to Google it. That lead me to Wikipedia that cited this paper! Nobody cares!

    3. Re:so... by davev2.0 · · Score: 5, Insightful

      No, it is NOT.

      The problem lies here:

      First, the "amateurs" who wrote the Wikipedia article are almost certainly people trained in its field, in the same way that the physics and computer articles are generally edited by physicists and computer people.

      First, The writers and editors do not have to be people trained in the field and this is acknowledge by Wikipedia in its disclaimer. Second, anyone can change almost any Wikipedia article to support a position, then site that version of the article.

      Those two facts render any and every Wikipedia article less reliable than the testimony of a doctor who has examined and interviewed the people at the heart of the case.

      To suggest otherwise would be to say that one is better off relying on Wikipedia articles to make medical diagnoses over one's doctor.

    4. Re:so... by FuckingNickName · · Score: 4, Insightful

      The whole idea smacks of academic elitism. I edit Wikipedia articles on a few different subjects and I can say without equivocation that my knowledge of those subjects is second to none.

      Yeah the point in "academic elitism" is that it deals with people who have a high personal opinion of their abilities and enough time to tell everyone about it by requiring methodical peer review. It's possible that you are brilliant, but uttering "I can say without equivocation" isn't adequate demonstration.

      without any proof of the incorrectness of the statement, it gets completely disregarded.

      I hear you rape goats. Without any proof of incorrectness, I don't think people should disregard this.

      To dismiss information out of hand just because it came from the internet

      It's nothing to do with the media, and everything to do with the method of review. There's lots of excellent and reliable information which happens to be available on the Internet.

      is just as ridiculous as accepting the testimony of any expert at face value.

      Well, when you're ill you see a doctor rather than a car mechanic. You might still investigate what the doctor tells you but can you understand why you choose the doctor?

    5. Re:so... by fey000 · · Score: 4, Insightful

      "Who is your expert witness?" "Fey000, he had Score:5, Insightful!"

  2. Wikipedia is useful... by digitalunity · · Score: 5, Insightful

    but I wouldn't cite it in court! What a moron.

    It's crowdsourced knowledge, which is likely correct in many cases but is still subject to errors and abuse from bored teenagers and people with an agenda.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    1. Re:Wikipedia is useful... by mysidia · · Score: 5, Insightful

      It could probably reasonably be cited, with support from other sources, for non-contentious info.

      However... to use an under-construction Wiki-based encyclopedia to try to impeach an expert is insane.

      Wikipedia is not an authority. If the expert is really an expert on the subject, then what they say is more likely to be correct than what Wikipedia says, because they are an expert in the subject they discuss.

      And not only is Wikipedia not created by experts... Wikipedia derides expertise, and scorns authority. It also sometimes includes blatantly false, crackpot info, sometimes even vandalism.

      Due to the wide range of people who edit it.

      Errors will eventually be corrected; however, it's not like a court can reverse its verdict next week because someone corrected the cited WP article.

      Not until courts reach the point where the opposition can look at the Wikipedia article, edit it to their liking, and have the witness "citation" automatically changed and taken into account, before trial ends.

      In that case, there could be a fun edit war between prosecutor and defendant over the definitions of certain things.

      If you change the definition of legal terms on WP, do courts automatically change their rules to match? :)

  3. This would be a correct ruling... by barfy · · Score: 4, Insightful

    While the Wikipedia site is *likely* to be true. Likely to have been written by an expert and an authority on the subject. There is absolutely no guarantee of it's verity or authority.

    For legal argument, the site would be an excellent place to start. It is easy to search, and the articles are written in quick scannable ways which would make research fast and quick. BUT, that research should *LEAD* to legally sound authority and more complete argument on any topic.

    It would be horrible, horrible for the law to place Wikipedia on the pedestal of authority, and it would be bad for the public which wikipedia only exists because of its structure.

    1. Re:This would be a correct ruling... by dkleinsc · · Score: 4, Insightful

      In other words, a prosecutor should know that in court, if you need to cite the DSM-IV, you need to cite the DSM-IV, not a Wikipedia article citing the DSM-IV. I mean, it's not like somebody's life (or at least a significant portion of their future) is on the line or anything in a criminal trial.

      You probably also need an appropriate expert witness to explain why the diagnosis in question would apply to the behavior in question.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  4. Re:Ha by Anonymous Coward · · Score: 5, Insightful

    Your statement is completely true, but the smilie face at the end makes me feel as though you posted it as a joke, or feeling smug, by perhaps implying that following your solution would "cheat" the would-be checkers into believing the otherwise "unreliable" wikipedia information would suddenly become "reliable" by citing it's source instead of the article itself.

    In fact, the above statement is exactly how things are supposed to be, no joking or smugness. Wikipedia in and of itself is NOT a realiable source, does NOT try to be a reliable source, does NOT pretend to be a reliable source, and does NOT want anyone assuming it is a reliable source. It's the sources it cites which, depending on the circumstances, MAY constitute a reliable source. This is why any researches is supposed to do EXACTLY what you described, and it is not cheating or circumventing, but the actual legitimate way to do research when using Wikipedia.

  5. Re:Stupid... by wjousts · · Score: 4, Insightful

    If I cited wikipedia as my source for stating that copper's atomic number is 29, why is my source not credible?

    You shouldn't need to cite that, it's common knowledge. It's in any elementary chemistry text book.

    You don't cite Wikipedia because it's not a primary source. Wikipedia doesn't generate any new knowledge (note WP:NOR) so everything in Wikipedia comes from somewhere else. You should, therefore, quote the somewhere it came from.

  6. Re:Summary not so clear by falsified · · Score: 4, Insightful

    Others have said things to the effect of "the judge didn't want/is too busy to look through citations", but it's actually more than that. It would be flat-out inappropriate for the judge to do so because he/she would essentially be making the case for the litigant.

    It's the responsibility of the lawyer to come prepared. This one wasn't.

    --
    HI, MY NAME IS ISAAC.