Friday, April 27, 2007

CREDIBILITY OF WITNESS - PRIOR ADJUDICATION OF DELINQUENCY Jury charge

Revised 3/22/2004




Evidence has been introduced to show that [Name of Witness] has been previously
adjudicated a juvenile delinquent and is presently on [CHOOSE APPROPRIATE:
parole/probation/conditional discharge/other deferred disposition]. This evidence of this
witness' present status does not have any bearing on the general credibility to be given [his/her]
testimony. Rather, the evidence has been admitted to allow you to determine whether [his/her]
testimony has been influenced by possible bias, prejudice, interest or ulterior motive.1 More
specifically, this evidence may be relevant to the question whether testimony is influenced by a hope
or expectation of favorable treatment.2

1
Davis v. Alaska, 415 U.S. 308 (1974); Biunno, Current New Jersey Rules of Evidence, Comment 4 to
N.J.R.E. 611 (2003 Edition, page 760).
2
State v. Spano, 69 N.J. 231, 235 (1976); United States ex. rel. Herring v. Fenton, 531 F.Supp. 937,
941 (D.N.J. 1981); Biunno, Current New Jersey Rules of Evidence, Comment 2 to N.J.R.E. 609 (2003
Edition, page 717).