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CHARGE 10.10 — Page 8 of 8 10.10 CIVIL IN REM FORFEITURE ACTIONS ( N.J.S.A. 2C:64-1) (Approved 11/00) This is a civil forfeiture action brought on behalf of the State by the [name county] County Prosecutor/Attorney General against [named property] . This …
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Approved 6/16/03 ADDITION OR DISMISSAL OF CHARGES ADDITION OR DISMISSAL OF CHARGES When this trial began, I told you about the charges that were contained in the indictment. I also explained that the indictment is not evidence but merely a written …
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Revised 5/12/08 ALIBI ALIBI The defendant as a part of his/her denial of guilt contends that he/she was not present at the time and place that the crime was allegedly committed, but was somewhere else and therefore could not possibly have committed or …
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Approved 9/10/12 ATTEMPTED SUICIDE – I [TO AVOID PROSECUTION AS CONSCIOUSNESS OF GUILT] ATTEMPTED SUICIDE - I [TO AVOID PROSECUTION AS CONSCIOUSNESS OF GUILT] [Use when the defendant has denied any suicide attempt or asserts as a general denial that no …
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Approved 9/10/12 ATTEMPTED SUICIDE – II [TO AVOID PROSECUTION AS CONSCIOUSNESS OF GUILT] ATTEMPTED SUICIDE - II [TO AVOID PROSECUTION AS CONSCIOUSNESS OF GUILT] [The following should be used where the defendant has not denied that he/she attempted suicide …
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Approved 6/4/07 BATTERED WOMAN SYNDROME – DEFENSES BATTERED WOMAN SYNDROME - DEFENSES Defendant contends that if the State proves beyond a reasonable doubt that she committed _____, then her conduct was justified because she acted [summarize defense …
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Approved 6/4/07 BATTERED WOMAN SYNDROME – PURPOSES OTHER THAN DEFENSES BATTERED WOMAN SYNDROME – PURPOSES OTHER THAN DEFENSES You have heard evidence about Battered Woman Syndrome, addressing the behavior of [a] certain witness[es]. In this respect, Dr. [ …
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Revised 1/11/93 Circumstantial Evidence CIRCUMSTANTIAL EVIDENCE You, as jurors, should find your facts from the evidence adduced during the trial. Evidence may be either direct or circumstantial. Direct evidence means evidence that directly proves a fact, …
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Approved 10/1/01 Page 1 of 1 OPTIONAL CHARGE CONCERNING COMPENSATION OF EXPERTS The expert witnesses who testified, of course, are paid for their work. [ CHARGE WHERE APPROPRIATE : See State v. Smith, 167 N.J. 158, 189 (2001). Experts are paid for their …
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Approved 6/21/2020 CREDIBILITY – DEFENDANT’S SILENCE BEFORE ARREST (To Be Used Only When Defendant Testifies) You have heard evidence that (name of defendant) gave no statements to the police before his/her arrest. This evidence may only be used in …
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Approved 6/21/2020 CREDIBILITY – DEFENDANT’S STATEMENTS AT OR NEAR TIME OF ARREST (To Be Used Only When Defendant Testifies) You have heard evidence that at or near the time of his/her arrest, defendant gave [a] statement[s] to the police that differed …
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Revised 3/22/04 CREDIBILITY OF WITNESS - PRIOR ADJUDICATION OF DELINQUENCY Evidence has been introduced to show that [Name of Witness] has been previously adjudicated a juvenile delinquent and is presently on [CHOOSE APPROPRIATE: …
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Revised 6/6/16 CREDIBILITY – IMMIGRATION CONSEQUENCES OF TESTIMONY CREDIBILITY - IMMIGRATION CONSEQUENCES OF TESTIMONY You have heard evidence that [name(s) of witness(es)] who testified for the State [is/are] [a] foreign national(s) who [is/are] not [a] …
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Revised 2/24/03 CREDIBILITY - PRIOR CONVICTION OF A DEFENDANT You have heard evidence that (name of defendant) has previously been convicted of [a] crime[s]. This evidence may only be used in determining the credibility or believability of the defendant’s …
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Revised 2/24/03 CREDIBILITY - PRIOR CONVICTION OF A WITNESS You have heard evidence that [name of witness(es)] has [have] previously been convicted of [a] crime[s]. This evidence may be only used in determining the credibility or believability of [these] …
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Revised 6/14/04 PAGE DEFENDANT’S ELECTION NOT TO TESTIFY AND/OR DEFENDANT’S ABSENCE FROM TRIAL Page 2 of 1 DEFENDANT’S ABSENCE FROM TRIAL As you know, (defendant) was absent from the trial. You should not speculate about the reason for his/her absence. …
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Revised 5/4/09 PAGE DEFENDANT’S ELECTION NOT TO TESTIFY AND/OR DEFENDANT’S ABSENCE FROM TRIAL Page 2 of 1 DEFENDANT’S ELECTION NOT TO TESTIFY As you know, (defendant) elected not to testify at trial. It is his/her constitutional right to remain silent. …
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Approved 5/12/14 PAGE DEFENDANT’S ELECTION NOT TO TESTIFY AND/OR DEFENDANT’S ABSENCE FROM TRIAL Page 2 of 1 DEFENDANT - TESTIFYING IN JAIL GARB OR PRISON GARB During trial, (NAME OF DEFENDANT) testified in [jail] [prison] garb. You must not speculate …
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Approved 4/8/19 DELAYED DISCLOSURE OF CHILD SEXUAL ABUSE DELAYED DISCLOSURE OF CHILD SEXUAL ABUSE , , ( WHERE STATE INTRODUCES EXPERT TESTIMONY ) Dr. [_____]'s testimony is offered only to explain his/her opinion that delayed complaints of sexual abuse …
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Revised 3/10/14 Revised 10/6/08 DISMISSAL OF JURY Ladies and gentlemen of the jury the function you have performed is one of the most important civic duties which you will ever be called upon to fulfill. With the return of a verdict, your service in this …