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

Approved 2/25/91

WITNESS IMMUNITY1

, a witness for the State, has testif ied that (he/she) has been granted

immunity in return for his testimony.

What do we mean by immunity? Generally in any criminal proceeding before a court or

Grand Jury a person may refuse to answer a question or produce eviden ce of any kind on the

ground that (he/she) may be incriminated thereby, if there is a basis for (his/her) refusal. In New

Jersey we have a law whereby under certain conditions the court may order the witness to testify,

and the witness may not refuse to comply with the order on the basis of (his/her) privilege

against self-incrimination. However, none of (his/her) testimony or any information derived

directly or indirectly from (his/her) testimony which was comp elled by the court order may be

used against the witness in any criminal case, except, as with any other witness, a prosecution for

perjury or for giving a false statement.

The fact that the witness ha s been granted immunity with respect to any testimony which

might incriminate (him/her) is a factor whic h you should consider in evaluating (his/her)

testimony and in determining the weight you will give to the testimony. The testimony of such a

witness should be given careful scrutiny. In weighing (his/her) test imony, therefore, you may

consider whether in order to obtain the immunity fo r (himself/herself), (he/she) is telling a lie to

you or whether, having been granted immunity, (he/she) is telling the truth.

If you believe this witness to be credible a nd worthy of belief, you have a right to accept

(his/her) testimony in the same manner as any other witness' testimony.

It is important that you understand, however, that the immunity gran ted the witness is not

immunity from prosecution, but simply immunity from the use of (his/her) testimony against

(him/her) in a criminal proceeding. In other wo rds, what (he/she) is saying in court or any

information derived directly or indirectly from what (he/she) says in court may not be used

1 N.J.S.A. 2A:81-17.3 as amended and eff. May 7, 1973. P.L. 1973, c.112.

NOTE:

Young v. Paterson , 132 N.J. Super . 170 (App. Div. 1975) holds that a Grand Jury witness, granted

immunity pursuant to N.J.S.A. 2A:81-173, is not immunized in connection with a civil departmental

hearing pertaining to or involving the offense which was the subject matter of his grand jury testimony.

In re Addonizio, 53 N.J. 107 (1968); State v. Sotteriou, 123 N.J. Super. 434 (App. Div. 1973).

WITNESS IMMUNITY

against (him/her) in a criminal proceeding by th e State, but the State is not precluded from

prosecuting (him/her) for a crime on other evidence that is not derived directly or indirectly from

(his/her) evidence given here in court.