ATTEMPTED SUICIDE - II
[The following should be used where the
defendant has not denied that he/she attempted suicide but has offered an
explanation for the 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 does not dispute that he/she attempted suicide but indicates his/her
actions were the result of the following:
(Set forth explanation suggested by the
defense)
The question of whether the defendant
attempted suicide after the commission of the alleged crime 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] If you accept any explanation offered by the
defendant, you may not infer consciousness of guilt from the evidence of 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, and for the reasons presented by the defense, decide to attempt to end
his/her
own life. The explanation offered by the
defendant may account 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] If you accept the explanation offered by the
defendant, you may not infer consciousness of guilt from the evidence of the
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 accept any
explanation offered by the defendant, you may not infer consciousness of guilt
from the evidence of a suicide attempt and may not use that evidence of the
suicide attempt 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.
