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Approved 2/6/12 Failure of Police to Preserve Notes FAILURE OF POLICE TO PRESERVE NOTES (effective May 27, 2011) You have heard testimony that ___________________ failed to preserve (his/her/their) original notes in this case. Law enforcement officers are …
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Revised 1/14/13 FALSE IN ONE - FALSE IN ALL (A TRIAL JUDGE, IN (HIS/HER) DISCRETION, MAY GIVE THIS CHARGE IN ANY SITUATION IN WHICH (HE/SHE) REASONABLY BELIEVES A JURY MAY FIND A BASIS FOR ITS APPLICATION - SEE STATE V. ERNST , 32 N.J. 567 (1960)). If you …
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Revised 1/6/92 Page 1 of 1 FINGERPRINTS There was testimony that the (law enforcement agency) had fingerprints of the defendant on file. You are not to consider that fact as prejudicing the defendant in any way. That fact is not evidence that the …
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Revised 5/10/10 FLIGHT FLIGHT There has been some testimony in the case from which you may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight, (or, the defendant denies that the acts …
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FRESH COMPLAINT Page 2 of 3 Revised 2/5/07 Page 1 of 3 FRESH COMPLAINT See State v. Hill, 121 N.J. 150 (1990) and State v. Bethune, 121 N.J. 137 (1990). In State v. Hill, supra at 166 and 170, the Supreme Court recognized that the fresh-complaint doctrine …
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Revised 4/15/13 FRESH COMPLAINT: SILENCE OR FAILURE TO COMPLAIN The law recognizes that stereotypes about sexual assault complainants may lead some of you to question [complaining witness’s] credibility based solely on the fact that [he or she] did not …
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HYPNOTICALLY REFRESHED TESTIMONY Page of 2 Approved 6/20/96 Page 1 of 1 HYPNOTICALLY REFRESHED TESTIMONY The State [the defense] has presented the testimony of [witness’s name], whose testimony it claims has been hypnotically refreshed. If the parties …
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Revised 7/19/12 Effective 9/4/12 IDENTIFICATION: IN-COURT IDENTIFICATION ONLY IDENTIFICATION: IN-COURT IDENTIFICATION ONLY (Defendant), as part of his/her general denial of guilt, contends that the State has not presented sufficient reliable evidence to …
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Revised 7/19/12 Effective 9/4/12 IDENTIFICATION: OUT-OF-COURT IDENTIFICATION ONLY IDENTIFICATION: OUT-OF-COURT IDENTIFICATION ONLY (Defendant), as part of his/her general denial of guilt, contends that the State has not presented sufficient reliable …
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Revised 5/18/2020 IDENTIFICATION: IN-COURT AND OUT-OF-COURT IDENTIFICATIONS IDENTIFICATION: IN-COURT AND OUT-OF-COURT IDENTIFICATIONS (Defendant), as part of his/her general denial of guilt, contends that the State has not presented sufficient reliable …
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Revised 1/6/92 Page 1 of 1 IDENTITY - POLICE PHOTOS There are in evidence photographs that were used to identify the defendant in this case. With reference to the photographs submitted into evidence, you will notice that many or all of the photographs …
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Approved 5/13/13 INSTRUCTION REGARDING DNA EVIDENCE AND CODIS You have heard testimony that the DNA profile of (defendant) was contained in a scientific data base. You may not speculate as to how (defendant’s) DNA profile was entered into the data base. A …
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Revised 10/24/16 INSTRUCTIONS REGARDING JUROR RESEARCH FIRST RECESS INSTRUCTIONS REGARDING JUROR RESEARCH FIRST RECESS In a few minutes, you will be excused for a short break. I am now going to give you some important instructions. It is critical that you …
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Approved 6/10/13 JUDGE’S INQUIRY WHEN JURY REPORTS INABILITY TO REACH VERDICT You have indicated that your deliberations have reached an impasse. Do you feel that further deliberations will be beneficial or do you feel that you have reached a point at …
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Approved 1/14/13 JUDGE’S INSTRUCTIONS FOR SELECTING AND CHARGING ALTERNATES AND APPOINTING FOREPERSON JUDGE’S INSTRUCTIONS FOR SELECTING AND CHARGING ALTERNATES AND APPOINTING FOREPERSON We will now reduce the jury to twelve. The alternates will be …
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Revised 3/14/16 Approved ______ JUDGE’S INSTRUCTIONS WHEN ALTERNATE JUROR EMPANELED AFTER DELIBERATIONS HAVE BEGUN As you know, Juror # was excused from the jury. An alternate juror has been selected to take his/her place. The reason that he/she was …
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Approved 1/14/13 JUDGE’S INSTRUCTIONS ON FURTHER JURY DELIBERATIONS It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if you can do so without violence to individual judgment. Each of you must …
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Approved 1/14/13 Approved JUDGE’S INSTRUCTIONS ON THE FORM FOR TAKING A VERDICT AND POLLING JURY Ms./Mr. Foreperson, please rise. Ms./Mr. Foreperson, has this jury agreed upon a verdict? Ms./Mr. Foreperson, is that verdict unanimous? [THE VERDICT IS THEN …
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Approved 2/25/02 Page 1 of 1 LESSER INCLUDED OFFENSES NOTE: 1. This charge should not be used in homicide cases. 2. This charge should not be used in cases where the lesser-included offenses are contained in the statute; e.g., robbery and robbery while …
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Approved 9/14/98 Page 1 of 1 NOTE-TAKING BY JURORS See R. 1:8-8(b), which authorizes trial judges, at their discretion, to permit jurors to take notes. (Instructions after Jury is Sworn) (We have provided each of you with a pad and pencil.) During the …