Members
of the jury, you have requested a playback of the testimony of [name of witness(es)]. The recorded testimony has been played for
you. In your deliberations, you are instructed
to consider all of the evidence presented, and not give undue weight to the
testimony you have heard [and seen] played back.
[1] In State v. Miller, 205 N.J.
109 (2011), the Court addressed the presence of different media within a single
trial and pronounced guidelines to accommodate juror requests for play back of
testimony for courts that use video and digital recording equipment to create
the entire record, rather than court reporters.
While acknowledging and embracing advances in technology, as well as addressing
the practical concerns they raise, the Court authorized the presumptive use of
video playbacks but outlined precautionary steps to guard against undue
prejudice, including requiring trial judges to give this instruction to jurors
at the time the testimony is played back.
Id. at 123. Judges retain
the discretion to ask the jury if they want to hear part or all of a witness’s
testimony. Id. at 122-23.
