State v. Green

In State v. Green, 86 N.J. 281, 290, 430 A.2d 914 (1981) the Supreme Court of New Jersey held that under circumstances where identification is the key issue, a trial judge's failure to give a specific instruction to assist the jury's evaluation of eyewitness identification constituted reversible error. State v. Green, supra, 86 N.J. at 293, 430 A.2d 914. An appropriate charge in such a case would state that the State's burden of proof on the issue of identification is beyond a reasonable doubt and set forth the respective factual contentions relating to witness descriptions and identifications. Ibid. The Model Jury Charge on identification was considered suitable as a guide. Ibid.