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

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:

parole/probation/conditional discharge/other deferred disposition]. This evidence of this

witness' present status does not have any beari ng on the general credibility to be given [his/her]

testimony. Rather, the evidence has been admitted to allow you to determine whether [his/her]

testimony has been influenced by possible bias, prejudice, interest or ulterior motive.

1 M o r e

specifically, this evidence may be relevant to the question whether testimony is influenced by a hope

or expectation of favorable treatment.

2

1 Davis v. Alaska, 415 U.S. 308 (1974); Biunno, Current New Jersey Rules of Evidence, Comment 4 to

N.J.R.E. 611 (2003 Edition, page 760).

2 State v. Spano, 69 N.J. 231, 235 (1976); United States ex. rel. Herring v. Fenton, 531 F.Supp. 937,

941 (D.N.J. 1981); Biunno, Current New Jersey Rules of Evidence , Comment 2 to N.J.R.E. 609 (2003

Edition, page 717).