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Approved 6/14/10 WITNESS – FAILURE OF THE DEFENDANT TO PRODUCE Page 2 of 2 WITNESS - FAILURE OF THE DEFENDANT TO PRODUCE WITNESS - FAILURE OF THE DEFENDANT TO PRODUCE During the course of this trial, reference has been made to ____________(NAME OF PERSON) …
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W ITNESS IMMUNITY Page 2 of 2 Approved 2/25/91 Page 1 of 2 WITNESS IMMUNITY N.J.S.A. 2A:81-17.3 as amended and eff. May 7, 1973. P.L. 1973, c.112. NOTE : Young v. Paterson, 132 N.J. Super. 170 (App. Div. 1975) holds that a Grand Jury witness, granted …
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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 WITNESS - TESTIFYING IN JAIL GARB OR PRISON GARB During trial, (NAME OF WITNESS) testified in [jail] [prison] garb. You must not speculate about …
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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 WITNESS - TESTIFYING WHILE WEARING RESTRAINTS During trial, (NAME OF WITNESS) was wearing restraints. You must not speculate about the reason for …
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Approved 1/14/13 WRITTEN COPY OF JURY INSTRUCTIONS I have been reading these legal instructions to you. I will give you a written copy of the same instructions for your use in the jury deliberation room. Be aware that you must consider these instructions …
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Revised 6/11/18 POSSESSION (N.J.S.A. 2C:2-1) POSSESSION (N.J.S.A. 2C:2-1) To “possess” an item under the law, one must have a knowing, intentional control of that item accompanied by a knowledge of its character. So, a person who possesses an item such as …
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Approved 6/10/13 CAUSATION ( N.J.S.A . 2C:2-3) [CHARGE IN ALL CASES] Causation has a special meaning under the law. To establish causation, the State must prove two elements, each beyond a reasonable doubt: First, but for the defendant's conduct, the …
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Approved 6/10/13 CAUSATION AND TRANSFERRED INTENT N.J.S.A . 2C:2-3 CAUSATION AND TRANSFERRED INTENT ( N.J.S.A . 2C:2-3) [CHARGE IN ALL CASES] Causation has a special meaning under the law. To establish causation, the State must prove two elements, each …
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Approved 5/7/07 IGNORANCE OR MISTAKE ( N.J.S.A . 2C:2-4) IGNORANCE OR MISTAKE ( N.J.S.A. 2C:2-4) [Charge when N.J.S.A . 2C:2-4a is claimed] In this case, defendant contends that he/she is not guilty of (offense charged) because he/she mistakenly believed …
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CONSPIRACY - VICARIOUS LIABILITY (N.J.S.A. 2C:2-6b (4)) Page 2 of 2 Approved 10/17/88 Page 1 of 2 CONSPIRACY ‑ VICARIOUS LIABILITY ( N.J.S.A . 2C:2‑6b(4)) Count of the indictment charges the defendant with the crime of . The State does not allege that the …
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INTOXICATION NEGATING AN ELEMENT OF THE OFFENSE ( N.J.S.A. 2C:2-8a ) Page 2 of 2 Revised 10/18/05 Page 1 of 2 INTOXICATION NEGATING AN ELEMENT OF THE OFFENSE NOTE : Self‑induced intoxication can only reduce murder to aggravated manslaughter or …
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EFFECT OF INTOXICATION OF JURY'S CONSIDERATION OF LESSER OFFENSES INVOLVING RECKLESSNESS ( N.J.S.A . 2C:2-8b) Page 2 of 2 Approved 2/27/89 Page 1 of 1 EFFECT OF INTOXICATION ON JURY'S CONSIDERATION OF LESSER OFFENSES INVOLVING RECKLESSNESS The language of …
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INTOXICATION PATHOLOGICAL OR NOT SELF-INDUCED ( N.J.S.A. 2C:2-8d) Page 2 of 2 Revised 6/12/89 Page 1 of 2 INTOXICATION PATHOLOGICAL OR NOT SELF-INDUCED ( N.J.S.A. 2C:2-8d) There is evidence in this case concerning the intoxication of the defendant. …
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DURESS ( N.J.S.A. 2C:2-9) Page 2 of 2 Approved 5/5/82 Page 1 of 2 DURESS Note 1: N.J.S.A. 2C:2-9 (b) provides that in the prosecution for murder, the defense of duress is only available to reduce the degree of the crime to manslaughter. Note 2: This …
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CONSENT ( N.J.S.A . 2C:2-10) Page 2 of 3 Approved 10/17/88 Page 1 of 3 CONSENT (WHICH NEGATES AN ELEMENT OF THE OFFENSE) ( N.J.S.A . 2C:2-10) As part of his/her defense to the charge of , the defendant contends that the State has not proven each element …
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CONSENT ( N.J.S.A . 2C:2-10) Page 2 of 3 Approved 10/17/88 Page 1 of 3 CONSENT (WHICH PRECLUDES THE INFLICTION OF THE HARM) ( N.J.S.A. 2C:2-10) As part of his/her defense to the charge of _____________________, the defendant contends that he/she is not …
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ENTRAPMENT ( N.J.S.A. 2C:2-12) Page 2 of 3 Approved 1/12/82 Page 1 of 3 ENTRAPMENT ( N.J.S.A. 2C:2-12) The defendant claims that he/she was entrapped. That means that he/she does not necessarily deny that he/she violated the criminal laws. See State v. …
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JUSTIFICATION SELF-DEFENSE Resisting Arrest N.J.S.A. 2C:3-4 Page 2 of 2 Approved 10/17/88 Page 1 of 2 JUSTIFICATION-SELF DEFENSE Note: Some members of the Committee were of the opinion that the jury should be charged on the limitation on the use of force …
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Revised 9/12/16 JUSTIFICATION: USE OF FORCE UPON AN INTRUDER N.J.S.A. 2C:3-4c JUSTIFICATION: USE OF FORCE UPON AN INTRUCER N.J.S.A. 2C:3-4c SEQ CHAPTER \h \r 1 JUSTIFICATION USE OF FORCE UPON AN INTRUDER ( N.J.S.A. 2C:3-4c) The indictment charges that the …
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JUSTIFICATION - USE OF FORCE IN PROTECTION OF OTHERS N.J.S.A. 2C:3-5 Page 2 of 2 Approved 10/17/88 Page 1 of 2 JUSTIFICATION ‑ USE OF FORCE IN PROTECTION OF OTHERS ( N.J.S.A. 2C:3‑5) The defendant contends he/she should be found not guilty because he/she …