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

Approved 11/28/88

A.

POLYGRAPH-FAVORABLE1

I instruct you that the expert's opinion test imony as to the results of (his/her) examination

merely indicates that at the time (he/she) quest ioned the defendant, in (his/her) expert opinion,

the defendant was answering truthfully the relevant questions asked.2

The expert's opinion is probative evidence which may be considered by you along with

all of the other evidence in the case.

However, you are not bound by this expert op inion. You should cons ider this opinion,

but it is for you to determine what weight to give to this evidence, whether that be great or slight,

or you may reject it. In examining this opinion, you may consider the reasons given for it, if any,

and you may also consider the expert's qualifications and credibility.

It is always within the special function of the jury to decide whether the facts on which

the answer of an expert is base d actually exist, and the value or weight of the opinion of the

expert is dependent upon and no stronger than the facts on which it is predicated.

Depending upon your decision as to the credibility a nd weight to give the evidence, the

defendant must be found not guilty if the polygr aph evidence raises in your mind a reasonable

doubt as to the defendant's guilt. On the othe r hand, after considering the polygraph evidence

along with all of the other eviden ce, if you are convinced that th e State has proven all of the

elements of the crime charged beyond a reas onable doubt, then you must find the defendant

guilty. (You should consider each charge or count of the indictment separately).

1 Includes Model Charge on "EXPERT TESTIMONY".

2 State v. Jones , 224 N.J. Super 527 (App. Div. 1988). See also State v. Baskerville , 73 N.J. 230 (1977);

State v. McDavitt, 62 N.J. 36, 47 (1972); State v. Valdez, 91 Ariz. 274, 371 P.2d, 894, 901 (Sup. Ct. 1962).