During trial, (NAME OF WITNESS)
testified in [jail] [prison] garb. You
must not speculate about the reason the witness is wearing such clothing. The fact that (NAME OF WITNESS) testified
while wearing [jail] [prison] clothing should not enter into your discussions
or deliberations in any manner, as you decide whether the State has proven
defendant’s guilt of the charge(s) beyond a reasonable doubt.[2]
[1] Because of the potential impact it
might have on the defendant’s right to a fair trial, an incarcerated defense
witness may not be required by the trial court to testify in jail clothing or
prison clothing, absent a waiver by defendant. State v. Artwell, 177 N.J.
526, 539 (2003).
As for an incarcerated State witness, a trial court
may, upon application of the prosecution, exercise its discretion to allow an
incarcerated state witness to testify in distinctive jail clothing or prison
clothing in front of a jury under certain limited circumstances. State v. Kuchera,
198 N.J. 483, 501 (2009).
This jury instruction must be given where a trial
court allows any witness to testify at a trial and the witness is wearing jail
clothing or prison clothing. Id. at 497.