Friday, April 27, 2007

CREDIBILITY - PRIOR CONVICTION OF A DEFENDANT Jury charge

You have heard evidence that (name of defendant) has previously been convicted of [a]
crime[s]. This evidence may only be used in determining the credibility or believability of the
defendant’s testimony. You may not conclude that the defendant committed the crime charged
in this case or is more likely to have committed the crime charged simply because he/she
committed a crime on another occasion.
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 would be more likely to ignore the
oath requiring truthfulness on the witness stand than a person who has never been convicted of
any crime. You may consider in determining this issue the nature and degree1 of the prior
conviction[s] and when it [they] occurred.
Our law permits a conviction to be received in evidence only for the purpose of affecting
the credibility of the defendant and for not other purpose. You are not, however, obligated to
change your opinion as to the credibility of the defendant simply because of [a] prior
conviction[s]. You may consider such evidence along with all the other factors we previously
discussed in determining the credibility of the defendant.

1
State v. Brunson, 132 N.J. 377 (1993)