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 ...
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a-8-08.opn.html<br />
reviewed journals.<br />
Although one lab experiment can produce intriguing results, its data set<br />
may be small. For example, if only twenty people participated in an experiment,<br />
it may be difficult to generalize <strong>the</strong> results beyond <strong>the</strong> individual study. Metaanalysis<br />
aims to solve that problem.<br />
“A meta-analysis is a syn<strong>the</strong>sis of all obtainable data collected in a specified<br />
topical area. The benefits of a meta-analysis are that greater statistical power<br />
can be obtained by combining data from many studies.” Id. at 15. The more<br />
consistent <strong>the</strong> conclusions from aggregated data, <strong>the</strong> greater confidence one can<br />
have in those conclusions. More than twenty-five meta-analyses were<br />
presented at <strong>the</strong> hearing.<br />
Despite its volume <strong>and</strong> breadth, <strong>the</strong> record developed on rem<strong>and</strong> has its<br />
limitations. Results from meta-analysis, for example, still come mostly from<br />
controlled experiments. See <strong>State</strong> v. Marquez, 967 A.2d 56, 75 (Conn. 2009)<br />
(noting lack of “real-world data” in certain research areas (citation omitted)). 6<br />
To determine whe<strong>the</strong>r such experiments reliably predict how people behave in<br />
<strong>the</strong> real world, researchers have tried to compare results across different types<br />
of studies.<br />
Dr. Penrod presented data from a meta-analysis comparing studies in<br />
which witnesses knew <strong>the</strong>y were participating in experiments <strong>and</strong> those in<br />
which witnesses observed what <strong>the</strong>y thought were real crimes <strong>and</strong> were not told<br />
o<strong>the</strong>rwise until after making an identification. See Ralph Norman Haber & Lyn<br />
Haber, A Meta-Analysis of Research on Eyewitness Lineup Identification<br />
Accuracy, Paper presented at <strong>the</strong> Annual Convention of <strong>the</strong> Psychonomics<br />
Society, Orl<strong>and</strong>o, Florida 8-9 (Nov. 16, 2001). The analysis revealed that<br />
identification statistics from across <strong>the</strong> studies were remarkably consistent: in<br />
both sets of studies, 24% of witnesses identified fillers. See id. at 9 (also finding<br />
34% filler identification rates when witnesses observed slideshows or videos of<br />
crimes). Those statistics are similar to data from real cases. As discussed in<br />
section III above, in police investigations in Sacramento <strong>and</strong> London, roughly<br />
20% of eyewitnesses identified fillers. See Behrman & Davey, supra, at 482;<br />
Behrman & Richards, supra, at 285; Valentine et al., supra, at 974; Wright &<br />
McDaid, supra, at 77. Thus, although lab <strong>and</strong> field experiments may be<br />
http://njlaw.rutgers.edu/collections/courts/supreme/a-8-08.opn.html[4/15/2013 6:04:23 PM]