There is for your consideration in
this case a (written, recorded or
oral)[2] statement allegedly made by the
defendant.
It is your function to determine
whether or not the statement was actually made by the defendant, and, if made,
whether the statement or any portion of it is credible.[3]
[IF ORAL STATEMENT CHARGE FOLLOWING
PARAGRAPH]
In considering whether or not an
oral statement was actually made by the defendant, and, if made, whether it is
credible, you should receive, weigh and consider this evidence with caution
based on the generally recognized risk of misunderstanding by the hearer, or
the ability of the hearer to recall accurately the words used by the defendant.
The specific words used and the ability to remember them are important to the
correct understanding of any oral communication because the presence, or
absence, or change of a single word may substantially change the true meaning
of even the shortest sentence.
You should, therefore, receive,
weigh and consider such evidence with caution.
(HERE DISCUSS THE STATEMENT)
In considering whether or not the
statement is credible, you should take into consideration the circumstances and
facts as to how the statement was made, as well as all other evidence in this
case relating to this issue.
(HERE
DISCUSS ANY PROOF ADDUCED BEFORE THE JURY WHICH WENT TO DEFENDANT’S MIRANDA
RIGHTS OR THE STATEMENT’S VOLUNTARINESS)
If, after consideration of all these
factors, you determine that the statement was not actually made, or that the
statement is not credible, then you must disregard the statement completely.
If
you find that the statement was made and that part or all of the statement is
credible, you may give what weight you think appropriate to the portion of the
statement you find to be truthful and credible.
[1]
This charge replaces the Oral
Statements of Defendant charge, approved 5/23/94. It may also be used for
defendant’s written statements. See State v. Hampton, 61 N.J.
250 (1972); State v. Kennedy, 135 N.J. Super. 513 (App. Div.
1975).
[2] Given the effect of R. 3:17,
which requires electronic recordation of a defendant’s custodial interrogation
in a place of detention, the term “recorded” has been included in the types of
statements which may be utilized in a case.
See also N.J.R.E. 801(a) (statement includes oral or written
assertion) and 801(e) (writing includes electronic recording). If not recorded, see Model Jury Charge on
Statements of Defendant (When Court Finds Police Inexcusably Failed to
Electronically Record Statement).
[3]
If the State alleges the
defendant purposely gave a false statement, knowing it was false, and the State
wishes to use the statement to show a consciousness of guilt on the part of the
defendant, you should consider altering this portion of the charge.