State v. Henderson and the New Model Jury Charges - New Jersey ...

Jury Instructions
State v Green: Judge has nondelegable duty to
give identification charge even if not requested
Timing: Henderson says trial judges maintain
discretion to allow jury instructions to be given
tailored to a particular estimator variable or system
variable at the time of the testimony.
Practice point: Seek balance in the limiting
instruction (factual dispute/other variables)