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

Revised 2/24/03

CREDIBILITY - PRIOR CONVICTION OF A DEFENDANT

You have heard evidence that (name of defendant) has previ ously been convicted of [a]

crime[s]. This evidence may only be used in determining the credibility or believability of the

defendant’s testimony. You may not conclude that the defendant committed the crime charged

in this case or is more likely to have committed the crime charged simply because he/she

committed a crime on another occasion.

A jury has a right to consider whether a pe rson who has previously failed to comply with

society's rules as demonstrated through a crimin al conviction would be mo re likely to ignore the

oath requiring truthfulness on the witness stand than a person who has never been convicted of

any crime. You may consider in determ ining this issue the nature and degree

1 of the prior

conviction[s] and when it [they] occurred.

Our law permits a conviction to be received in evidence only for the purpose of affecting

the credibility of the defendant and for no othe r purpose. You are not, however, obligated to

change your opinion as to the credibility of the defendant simply because of [a] prior

conviction[s]. You may consider such evidence along wi th all the other fact ors we previously

discussed in determining the credibility of the defendant.

1 State v. Brunson, 132 N.J. 377 (1993)