[Use when the defendant has denied any
suicide attempt or asserts as a general denial that no suicide attempt occurred
or offers an explanation that the act was not an attempted suicide]
There has been some testimony in the case
from which you may infer that the defendant attempted suicide after the alleged
commission of the crime(s). The
defendant denies that he/she attempted suicide [or, the defendant denies that the
act constituted an attempted suicide. (Charge if appropriate: set forth
explanation suggested by the defense)].
The question of whether the defendant attempted suicide after the
commission of the alleged crime(s) is another question of fact for your determination. A suicide attempt to avoid arrest or
prosecution may, in some circumstances, reveal a defendant’s consciousness of
guilt.[2]
However, a defendant’s psychological,
social or financial situation may underlie a suicide attempt.[3]
[Charge if appropriate: If you
accept any explanation offered by the defense, you may not infer consciousness
of guilt from the evidence of what the State alleges was a suicide attempt.] If you find that the defendant, fearing that
an accusation or arrest would be made against him/her on the charge(s) involved in the indictment[4],
attempted suicide for the purpose of evading the accusation or arrest on [that]
[those] charge(s), then you may consider such attempted suicide in connection
with all the other evidence in the case, as an indication or proof of
consciousness of guilt.
Accusation and the threat of prosecution
and punishment may impel a defendant to attempt suicide. Alternatively, an urge to confess or repent
for a guilty deed may materialize as an admission by suicidal conduct. However, other factors may motivate or
contribute to an accused’s decision to attempt suicide. Instead of seeking to avoid punishment, a
defendant who attempts suicide may, for reasons unrelated to the crime(s)
charged, decide to attempt to end his/her
life. Furthermore, in some cases,
whether a defendant actually attempted suicide may not be clear. Some other explanation may exist for any
actions taken or wounds sustained by a defendant.[5]
You must first find whether or not an
actual suicide attempt occurred.[6] If you find that it did, you must next
consider whether that attempt was made to avoid the burdens of prosecution and
punishment.[7] You should also determine whether the
defendant’s attempted suicide demonstrated consciousness of guilt.[8]
[Charge if appropriate: If you accept any explanation offered by the
defense, you may not infer consciousness of guilt from the evidence of an
alleged suicide attempt.[9]]
If you find that the defendant, fearing
that an accusation or arrest would be made against him/her on the charge(s) involved in the indictment, attempted
suicide for the purpose of evading the accusation or arrest on that charge,
then you may consider such attempted suicide in connection with all the other
evidence in the case, only as an indication of consciousness of guilt and for
no other purpose.[10] If, on the other hand, you determine that no
suicide attempt occurred (or, charge if appropriate: you accept any
explanation offered by the defendant), you may not infer consciousness
of guilt from the evidence of an alleged suicide attempt and may not use that
evidence against the defendant for any purpose.[11]
[1] Pursuant to State v. Mann, 132 N.J. 410, 423
(1993), “a trial court ordinarily should hold an [N.J.R.E. 104(a)]
hearing to determine whether evidence of a defendant’s suicide attempt is
sufficient to support a reasonable inference that the suicide attempt was
prompted by a desire to avoid the ordeal of prosecution and punishment or was
otherwise evidence of consciousness of guilt.”
[2] State v. Mann, ibid.
[3] Ibid.
[4] If evidence of an alleged suicide attempt occurs after
indictment or during the course of a trial, please modify the language of this
charge to reflect that the evidence is being introduced as consciousness of
guilt to avoid the consequences of the pending indictment or prosecution.
[5] Id. at 422-23.
[6] Id. at 424.
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Id. at 421 (quoting the Model Jury Charges,
Criminal - Flight (Nov. 1991)).
[11] Id. at 424.