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

Revised 6/14/10

STATEMENTS OF DEFENDANT1

There is for your consideration in this case a (written, recorded or oral) 2 statement

allegedly made by the defendant.

It is your function to determine whether or not the statement was actually made by the

defendant, and, if made, whether the statement or any portion of it is credible.

3

[IF ORAL STATEMENT CHARGE FOLLOWING PARAGRAPH]

In considering whether or not an oral st atement was actually made by the defendant, and,

if made, whether it is credible, you should receive, weigh and consider this evidence with caution

based on the generally recognized risk of misunderstanding by the hearer, or the ability of the

hearer to recall accurately the words used by the defendant. The specific words used and the

ability to remember them are important to th e correct understanding of any oral communication

because the presence, or absence, or change of a single word may substantially change the true

meaning of even the shortest sentence.

You should, therefore, receive, weigh a nd consider such evidence with caution.

(HERE DISCUSS THE STATEMENT)

In considering whether or not the statement is credible, you should take into

consideration the circumstances and facts as to how the statement was made, as well as all other

evidence in this case relating to this issue.

(HERE DISCUSS ANY PROOF ADDUCED BEFORE THE JURY WHICH WENT TO

DEFENDANT’S MIRANDA RIGHTS OR THE STATEMENT’S VOLUNTARINESS)

1 This charge replaces the Oral Statements of Defendant charge, approved 5/23/94. It may

also be used for defenda nt’s written statements. See State v. Hampton, 61 N.J. 250 (1972); State

v. Kennedy, 135 N.J. Super. 513 (App. Div. 1975).

2 Given the effect of R . 3:17, which requires electronic recordation of a defendant’s

custodial interrogation in a place of detention, the term “recorded” has been included in the types

of statements which may be ut ilized in a case. See also N.J.R.E. 801(a) (statement includes oral

or written assertion) and 801(e) (writing includes electronic reco rding). If not recorded, see

Model Jury Charge on Statements of Defendant (When Court Finds Police Inexcusably Failed to

Electronically Record Statement).

3 If the State alleges the defendant purposely gave a false statement, knowing it was false,

and the State wishes to use the statement to show a consciousness of guilt on the part of the

defendant, you should consider altering this portion of the charge.

STATEMENTS OF DEFENDANT

If, after consideration of all these factors, you determine that the statement was not

actually made, or that the statement is not cr edible, then you must disregard the statement

completely.

If you find that the statement was made and that part or all of the statement is credible,

you may give what weight you think appropriate to the portion of the statement you find to be

truthful and credible.