MURDER
(N.J.S.A. 2C:11‑3a(l) and 3a(2))
The
defendant is charged by indictment with the murder of (insert name of victim).
Count of the indictment reads as follows: (Read indictment)
(1) caused the victim’s death or serious
bodily injury that then resulted in the victim’s death;[1]
and
(2) the defendant did so purposely or
knowingly.
In
order for you to find the defendant guilty of murder, the State is required to
prove each of the following elements beyond a reasonable doubt:
(1) that the defendant caused (insert
victim's name) death or serious bodily injury that then resulted in (insert
victim's name) death, and
(2) that the defendant did so purposely or
knowingly.
One
element that the State must prove beyond a reasonable doubt is that the
defendant acted purposely or knowingly.
A
person acts purposely when it is the person's conscious object to cause death
or serious bodily injury resulting in death.[2]
A
person acts knowingly when the person is aware that it is
practically certain that his/her conduct will
cause death or serious bodily injury resulting in death.[3]
The
nature of the purpose or knowledge with which the defendant acted toward (insert
victim’s name) is a question of fact for you the jury to decide. Purpose
and knowledge are conditions of the mind which cannot be seen and can only be
determined by inferences from conduct, words or acts. It is not necessary for
the State to produce a witness or witnesses who could testify that the defendant stated, for example, that his/her purpose was to cause death or serious bodily injury resulting in
death; or that he/she knew that his/her conduct would cause death or serious bodily injury resulting in
death. It is within your power to find that proof of purpose or knowledge has
been furnished beyond a reasonable doubt by inferences which may arise from the
nature of the acts and the surrounding circumstances. Such things as the place
where the acts occurred, the weapon used, the location, number and nature of
wounds inflicted, and all that was done or said by the defendant preceding,
connected with, and immediately succeeding the events leading to the death of (insert
victim’s name) are among the circumstances to be considered.
Although
the State must prove that the defendant acted either purposely or knowingly,
the State is not required to prove a motive.
If the State has proved the essential elements of the offense beyond a
reasonable doubt, the defendant must be found guilty of that offense regardless
of the defendant’s motive or lack of a motive.
If the State, however, has proved a motive, you may consider that
insofar as it gives meaning to other circumstances.[4] On the other hand, you may consider the
absence of motive in weighing whether or not the defendant is guilty of the
crime charged.
A
homicide or a killing with a deadly weapon, such as (describe the deadly weapon
used) in itself would permit you to draw an inference that the defendant’s
purpose was to take life or cause serious bodily injury resulting in death.[5] A deadly weapon is any firearm or other
weapon, device, instrument, material or substance, which in the manner it is
used or is intended to be used, is known to be capable of producing death or
serious bodily injury.[6] In your deliberations you may consider the
weapon used and the manner and circumstances of the killing, and if you are
satisfied beyond a reasonable doubt that the defendant (shot) (stabbed) and killed
(insert victim’s name) with a (gun) (knife) you may draw an inference
from the weapon used, that is the (gun) (knife), and from the manner and
circumstances of the killing, as to the defendant’s purpose or knowledge.
The
other element that the State must prove beyond a reasonable doubt is that the
defendant caused (insert victim's name) death or serious bodily injury
resulting in death.
As I
previously advised you, in order to convict the defendant of murder, the State
must prove beyond a reasonable doubt that the defendant either purposely or
knowingly caused the victim’s death or serious bodily injury resulting in
death. In that regard, "serious bodily injury" means bodily injury
that creates a substantial risk of death. A substantial risk of death exists
where it is highly probable that the injury will result in death.[7]
In
order for you to find the defendant guilty of purposeful serious bodily injury
murder, the State must prove beyond a reasonable doubt that it was the
defendant’s conscious object to cause serious bodily injury that then resulted
in the victim’s death; that the defendant knew that the injury created a
substantial risk of death; and that it was highly probable that death would
result. In order for you to find the defendant guilty of knowing serious bodily
injury murder, the State must prove beyond a reasonable doubt that the
defendant was aware that it was practically certain that his/her conduct would
cause serious bodily injury that then resulted in the victim’s death; that the
defendant knew that the injury created a substantial risk of death; and that it
was highly probable that death would result.
(If causal relationship
between conduct and result is not an issue,
charge the following
paragraph)
Whether
the killing is committed purposely or knowingly, causing death or serious
bodily injury resulting in death must be within the design or contemplation of
the defendant.
(If
causal relationship between conduct and result is an issue, charge the
following[8])
Causation
has a special meaning under the law. To establish causation, the State must
prove two elements, each beyond a reasonable doubt:
First,
that but for the defendant's conduct, the victim would not have died.
Second,
(insert victim's name) death must have been within the design or
contemplation of the defendant. If not, it must involve the same kind of injury
or harm as that designed or contemplated, and must also not be too remote, too
accidental in its occurrence or too dependent on another' s volitional act to
have a just bearing on the defendant's liability or on the gravity of his/her offense. In
other words, the State must prove beyond a reasonable doubt that (insert
victim's name) death was not so unexpected or unusual that it would be unjust
to find the defendant guilty of murder.[9]
[NOTE: In cases where Causation - Removal of Life
Support is an issue, the jury should be instructed as follows:
You have heard testimony that on [date], (insert
victim’s name) was taken off life support and that he/she
died at some point after this was done.
Should you find beyond a reasonable doubt that (insert victim’s name)
died from medical complications that resulted from injuries caused by
defendant’s actions, the removal of life support, in this case (method of
removal), is not an intervening cause that relieves defendant of any criminal
liability for those actions.[10] That is, if defendant’s actions set in motion
(insert victim’s name) need for life support, without which death would
result naturally, then the causal link between defendant’s action and the death
of (insert victim’s name) was not broken by an unforeseen, extraordinary
act when (insert victim’s name) was removed from life support and then
expired, unless there was an intervening volitional act of another.][11]
(Where
the defendant and State offer contrasting factual theories of causation, each
version should be summarized for the jury.[12])
[CHARGE IN ALL CASES]
In
order for you to find the defendant guilty of murder the State must first establish
beyond a reasonable doubt that the defendant caused (insert victim's name)
death or serious bodily injury resulting in death, either purposely or
knowingly, as I have defined these terms for you. The State, however, is not
required to prove a motive. If the State has proved the essential elements of
the offense beyond a reasonable doubt, the defendant must be found guilty of
that offense regardless of the defendant's motive or lack of a motive. If the
State, however, has proved a motive, you may consider that insofar as it gives
meaning to other circumstances.[13]
On the other hand, you may consider the absence of motive in weighing whether
or not the defendant is guilty of the crime charged.
A
homicide or a killing with a deadly weapon, such as (describe the deadly weapon
used) in itself would permit you to draw an inference that the defendant's
purpose was to take life or cause serious bodily injury resulting in death.[14] A
deadly weapon is any firearm or other weapon, device, instrument, material or
substance, which in the manner it is used or is intended to be used, is known
to be capable of producing death or serious bodily injury.[15]
In your deliberations you may consider the weapon used and the manner and
circumstances of the killing, and if you are satisfied beyond a reasonable
doubt that the defendant (shot) (stabbed) and killed (insert victim's name) with
a (gun) (knife) you may draw an inference from the weapon used, that is, the
(gun) (knife), and from the manner and circumstances of the killing, as to the
defendant's purpose or knowledge.
All
jurors do not have to agree unanimously concerning which form of murder is
present so long as all believe that it was one form of murder or the other. However, for a defendant to be guilty of
murder, all jurors must agree that the defendant either knowingly or purposely
caused the death or serious bodily injury resulting in the death of (insert
victim’s name).
If
after a consideration of all the evidence you are convinced beyond a reasonable
doubt that the defendant either purposely or knowingly caused (insert
victim's name) death or serious bodily injury resulting in death, then your
verdict must be guilty.
If,
however, after a consideration of all the evidence you find that the State has
failed to prove any element of the offense beyond a reasonable doubt, your
verdict must be not guilty.
[1] Note that in State v. Gilliam,
224 N.J. Super. 759 (App. Div. 1988), the Court held that an actor must
intend to cause death in order to be guilty of attempted murder. If the actor intends to cause serious bodily
injury, then he cannot be guilty of attempted murder. Therefore, when this charge is combined with N.J.S.A.
2C:5-1 (Attempt) to charge attempted murder, it is necessary to omit all
references to serious bodily injury resulting in death.
