02.05.2015 Views

State v. Henderson and the New Model Jury Charges - New Jersey ...

State v. Henderson and the New Model Jury Charges - New Jersey ...

State v. Henderson and the New Model Jury Charges - New Jersey ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

a-8-08.opn.html<br />

published articles in psychology literature containing <strong>the</strong> words “eyewitness”<br />

<strong>and</strong> “identity” in <strong>the</strong>ir abstracts. By contrast, <strong>the</strong> Special Master estimated that<br />

more than two thous<strong>and</strong> studies related to eyewitness identification have been<br />

published in <strong>the</strong> past thirty years.<br />

Some recent studies have successfully ga<strong>the</strong>red real-world data from<br />

actual police identification procedures. See, e.g., Behrman & Davey, supra;<br />

Valentine et al., supra. But most eyewitness identification research is conducted<br />

through controlled lab experiments. Unlike analyses of real-world data,<br />

experimental studies allow researchers to control <strong>and</strong> isolate variables. If an<br />

experiment is designed well, scientists can <strong>the</strong>n draw relevant conclusions from<br />

different conditions.<br />

There have been two principal methods of conducting eyewitness lab<br />

research. In some experiments, eyewitnesses have been shown staged events<br />

without knowing <strong>the</strong>y were witnessing something artificial. See, e.g., Krafka &<br />

Penrod, supra. In o<strong>the</strong>r studies, witnesses generally knew <strong>the</strong>y were<br />

participating in an experiment from <strong>the</strong> outset. See e.g., Lynn Garrioch & C.A.<br />

Elizabeth Brimacombe, Lineup Administrators’ Expectations: Their Impact on<br />

Eyewitness Confidence, 25 Law & Hum. Behav. 299 (2001). Most experiments<br />

manipulate variables, like <strong>the</strong> witness’ <strong>and</strong> suspect’s race, for example, <strong>and</strong> use<br />

target-present <strong>and</strong> target-absent lineups to test <strong>the</strong> effect <strong>the</strong> variable has on<br />

accuracy. (The scientific literature often uses <strong>the</strong> term “lineup” to refer to live<br />

lineups <strong>and</strong>/or photo arrays; we sometimes use <strong>the</strong> word interchangeably as<br />

well.)<br />

Authoritative researchers generally present <strong>the</strong> results of <strong>the</strong>ir<br />

experiments in peer-reviewed psychology journals. “The peer review process is<br />

a method of quality control that ensures <strong>the</strong> validity <strong>and</strong> reliability of<br />

experimental research.” Roy S. Malpass et al., The Need for Expert<br />

Psychological Testimony on Eyewitness Identification, in Expert Testimony on<br />

<strong>the</strong> Psychology of Eyewitness Identification 3, 14 (Brian L. Cutler ed., 2009).<br />

The process is designed to ensure that studies “have passed a rigorous test <strong>and</strong><br />

are generally considered worthy of consideration by <strong>the</strong> greater scientific<br />

community” before <strong>the</strong>y are published. Ibid. Of <strong>the</strong> hundreds of laboratory<br />

studies in <strong>the</strong> record, nearly all have been published in prominent, peer-<br />

http://njlaw.rutgers.edu/collections/courts/supreme/a-8-08.opn.html[4/15/2013 6:04:23 PM]

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!