observing that “[appropriate and proper charges to a jury are essential for a fair trial”
How later courts described this case
- observing that “[appropriate and proper charges to a jury are essential for a fair trial”
- observing that "trial court should explain to the jury in an understandable fashion its function in relation to the legal issues involved" and "[e]ntailed is a comprehensible explanation of the question that the jury must determine, including the law of the case applicable to the facts that the jury may find"
- noting that most laypersons are uneducated in the law, do not understand lawyer's jargon, and therefore the jury's guidance and instruction requires plain and clear exposition of the issues
- where reliability of eyewitness identification witness is “crucial issue,” defendant is entitled, on request, to jury instruction on identification that provides guidance to jury “on how to analyze and consider the factual issues with regard to the trustworthiness of [alleged victim’s] in-court identification”
Written by the judges who cited it.
The opinion
SULLIVAN, J.,
dissenting.
The majority, in reversing the judgment of conviction herein, bases its ruling on the alleged refusal of the trial court to instruct the jury with respect to identification. Implicit in the ruling seems to be the concept that somehow the jury may have returned a verdict of guilty without being satisfied beyond a reasonable doubt that defendant was the man who raped and robbed the victim.
Defendant was convicted of rape and robbery while armed. At trial, the victim positively identified him as her assailant. Corroborative evidence supportive of the identification was presented. Defendant took the witness stand to deny knowledge of or participation in the crime. The thrust of the defense was that the victim had made a mistaken identification. The only issue in the case was whether defendant was the man involved in the criminal episode.
The trial court charged the jury that defendant was entitled to a presumption of innocence which remained with him throughout the trial; that the State had the burden of proving defendant’s guilt beyond a reasonable doubt and that defendant had no burden of proof and did not have to prove his innocence. *295 It added that the jury was to give due regard to the credibility of the State’s witnesses in determining whether or not the State had proved its case. In that regard, the court mentioned the factors the jury should take into account, including a witness’s ability to observe and recollect. The jury was also told that it could find defendant guilty on the testimony of the victim alone, “if you believe her and if you are satisfied that the elements of the crime and that Mr. Green’s participation in it have been established beyond a reasonable doubt.” (Emphasis added). While not a textbook charge on identification, I believe it was adequate to present the critical issue to the jury fairly.
The majority opinion suggests that the trial court could have used as a guide the Model Jury Charge on identification. I do not disagree with this comment but must point out that in a note accompanying the Model Charge the Supreme Court Committee which drafted the charge states in part:
Whether or not a separate charge on the subject of identification is necessary depends upon the situation presented in an individual case. The Committee recognizes that in a simple case the issue may be submitted to the jury wholly within the framework of a charge on credibility generally.
I would not put the rape victim through the ordeal of another trial. I would affirm.
For reversal and remandment — Chief Justice WILENTZ and Justices PASHMAN, CLIFFORD, SCHREIBER, HANDLER and POLLOCK — 6.
For affirmance — Justice SULLIVAN — 1.