FALSE IN ONE - FALSE IN ALL Model Jury charge NJ Criminal cases
(A TRIAL JUDGE, IN
(HIS/HER) DISCRETION, MAY GIVE THIS CHARGE IN ANY SITUATION IN WHICH (HE/SHE)
REASONABLY BELIEVES A JURY MAY FIND A BASIS FOR ITS APPLICATION - SEE STATE
V. ERNST, 32 N.J. 567 (1960)).
If you believe that any witness or party
willfully or knowingly testified falsely to any material facts in the case,
with intent to deceive you, you may give such weight to his or her testimony as
you may deem it is entitled. You may
believe some of it, or you may, in your discretion, disregard all of it.[1]
[1] See
State v. Ernst, 32 N.J. 567, 583 (1960), State v. D'Illopito,
22 N.J. 318, 324 (1956), State v. Sturchio, 127 N.J.L.
366, 369 (Sup. Ct. 1941), State v. Samuels, 92 N.J.L. 131, 133
(Sup. Ct. 1918). The same charge applies
to the civil side. See Lawnton
v. Virginia Stevedoring Co., 50 N.J. Super. 564, 581 (App. Div.
1958), Hargrave v. Stockloss, 127 N.J.L. 262, 266 (E.&A.
1941), Coleman v. Public Service Coordinated Transport, 120 N.J.L.
384, 387 (Sup. Ct. 1938). For a full
discussion of the use and application of the maxim, see, Vol. 3A Wigmore on
Evidence (1970) Sec. 1008 et. seq.