EXPERT TESTIMONY Model Jury charge NJ Criminal cases
In
this case, (list experts and areas of expertise) or (State and defendant) or
(State only) (were called as experts) (or called experts).
You
are not bound by such expert’s opinion, but you should consider each opinion
and give it the weight to which you deem it is entitled, whether that be great
or slight, or you may reject it. In examining each opinion, you may consider
the reasons given for it, if any, and you may also consider the qualifications
and credibility of the expert.
It
is always within the special function of the jury to determine whether the
facts on which the answer or testimony of an expert is based actually exist.
The value or weight of the opinion of the expert is dependent upon, and is no
stronger than, the facts on which it is based. In other words, the probative
value of the opinion will depend upon whether from all of the evidence in the
case, you find that those facts are true. You may, in fact, determine from the
evidence in the case that the facts that form the basis of the opinion are
true, are not true, or are true in part only, and, in light of such findings,
you should decide what affect such determination has upon the weight to be
given to the opinion of the expert. Your acceptance or rejection of the expert
opinion will depend, therefore, to some extent on your findings as to the truth
of the facts relied upon.
The
ultimate determination of whether or not the State has proven defendant’s guilt
beyond a reasonable doubt is to be made only by the jury.