Wednesday, January 28, 2015

OPTIONAL CHARGE CONCERNING COMPENSATION OF EXPERTS Model Jury charge

 OPTIONAL CHARGE CONCERNING COMPENSATION OF EXPERTS  Model Jury charge
    The expert witnesses who testified, of course, are paid for their work. [CHARGE WHERE APPROPRIATE:[1] Experts are paid for their special knowledge, skill, experience, or training. Some may be full-time employees who receive a regular salary for their work, and some may be outside experts consulted for this particular case who receive a fixed or hourly fee.]
            You may consider the compensation received by the expert witness(es) as bearing on (his/her/their) credibility.  You should understand, however, that there is nothing improper in any expert receiving reasonable compensation for (his/her) work or for (his/her) appearing in court.
[CHARGE WHERE APPROPRIATE IF RAISED BY THE EVIDENCE]
            If you find from the evidence that the amount of compensation received is unreasonable, or if you find from the evidence that the expert was paid simply to reach a particular result, you may consider whether that affects the credibility, interest or bias of the witness.
[CHARGE IN ALL CASES]
            As always, you may give the opinion such weight as you determine it deserves, consistent with the general rules of determining credibility.



[1]            See State v. Smith, 167 N.J. 158, 189 (2001).