INSTRUCTION REGARDING DNA EVIDENCE AND CODIS Model Jury charge NJ Criminal cases
You have heard testimony that the DNA profile of
(defendant) was contained in a scientific data base. You may not speculate as to how (defendant’s)
DNA profile was entered into the data base.
A profile of a person’s DNA may be entered into a scientific data base
from a variety of sources. These sources
may include, but are not limited to: grade-school child identification
programs; military service; medical treatment programs; samples collected in
connection with missing persons’ investigations; samples collected in
connection with the identification of the remains of victims of natural or
other disasters, as well as other sources. You are not to consider the fact that
the defendant’s DNA was in a scientific database as prejudicing him/her in any way. The
existence of DNA in a scientific database is not evidence that the defendant
has ever been arrested or convicted of any crime.
CODIS stands for the Combined DNA Index System, which is
maintained by the Federal Bureau of Investigation as a catalogue of DNA
profiles submitted by forensic laboratories across the United States. See 42 U.S.C.A. §14192
The Committee recommends that, under most
circumstances, no reference should be made to CODIS at trial. Instead, the parties should refer to it as a
scientific DNA data base unless the facts of the case warrant discussion of
CODIS.
