(N.J.R.E. 404b)
The
defense has introduced evidence that:
[OR]
You
are about to hear evidence that:
[Describe the evidence of other
crimes, wrongs, or acts[2]
offered by the defense.]
The
evidence has been offered because
[Describe the defensive purpose for
which the defense has offered the evidence.][3]
You
should consider this evidence, along with all the other evidence in the case,
in determining whether or not the State has proven beyond a reasonable doubt
that defendant is the person who committed [insert appropriate offense] .
[1] The court must instruct the jury on
the limited purpose of this evidence both at the time of its admission and in
the final charge. See, e.g., State v. Angoy, 329 N.J.
Super. 79 (App. Div. 2000).
[2] The exclusionary scope of N.J.R.E.
404b is broader than that of former Evid. R. 55 and extends to
bad acts. State v. Nance, 148 N.J. 376, 386 (1997).
[3] A defendant may use evidence of other
crimes, wrongs, or acts defensively if in reason it tends, alone or with other
evidence, to negate his guilt of the crime charged against him. A lower
standard of admissibility - simple relevance - is required for defensive use of
the evidence than for its use against the defendant. Nevertheless, the judge
may balance its probative value against the potential for confusion or undue
consumption of time. State v. Garfole, 76 N.J. 445, 452-53
(1978); State v. Williams, 214 N.J. Super. 12, 20 (App. Div. 1986).
