Wednesday, January 28, 2015

CREDIBILITY - PRIOR CONVICTION OF A WITNESS Model Jury charge NJ

CREDIBILITY - PRIOR CONVICTION OF A WITNESS  Model Jury charge NJ

          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 degree[1] 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].