N.J. Model Criminal Jury Charge, N.J.S.A. Non 2C

Approved 10/26/15

IDENTIFICATION: NO IN- OR OUT-OF-COURT IDENTIFICATION1

(Defendant), as part of his/her general denial of guilt, contends that the State has not

presented sufficient reliable evidence to establish beyond a reasonable doubt that he/she is the

person who committed the alleged offense. The burden of proving the identity of the person who

committed the crime is upon the State. For you to find this defendant guilty, the State must

prove beyond a reasonable doubt that this defendant is the person who committed the crime. The

defendant has neither the burden nor the duty to show that the crime, if committed, was

committed by someone else, or to prove the identity of that other person. You must determine,

therefore, not only whether the State has proven each and every element of the offense charged

beyond a reasonable doubt, but also whether the State has proven beyond a reasonable doubt that

this defendant is the person who committed it.

1 This instruction should be given whe n defendant’s defense is that he/she did not commit the crime

and the State is seeking to prove his/her guilt without adducing any direct identification evidence, e.g., is

relying on circumstantial evidence to tie the defendant to the crime.