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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]

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