Friday, April 27, 2007

CREDIBILITY - PRIOR CONVICTION OF A WITNESS Jury charge

REVISED 2/24/03




You have heard evidence that [name of witness(es)] has [have] previously been convicted
of [a] crime[s]. This evidence may be only used in determining the credibility or believability of
[these] witness' [witnesses’] testimony.
A jury has a right to consider whether a person who has previously failed to comply with
society's rules as demonstrated through [a] criminal conviction(s) would be more likely to ignore
the oath requiring truthfulness on the witness stand than a person who has never been convicted
of a crime. You may consider in determining this issue the nature and degree1 of the prior
conviction[s] and when it [they] occurred.
You are not, however, obligated to change your opinion as to the credibility of this
[these] witness[es] simply because of [a] prior conviction[s]. You may consider such evidence
along with all the other factors we previously discussed in determining credibility of a witness.

1
State v. Brunson, 132 N.J. 377 (1993)[sanitization of defendant’s conviction].