CREDIBILITY OF WITNESS - PRIOR ADJUDICATION OF DELINQUENCY Model Jury charge
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).