Uncertainty as to effect of case on a jury

Uncertainty as to effect of case on a jury

There is always a possibility in a computer crime case that a sympathetic reaction by the jury to the defendant will color the jury's verdict. There is almost always evidence that the defendant's action was a common practice in the industry.FN72 This is particularly true if the issue is not theft of money, but theft of time, services, or information. In addition, the fact that most computer crime defendants have no prior records,FN73 and appear to be responsible members of society makes it less likely that a jury will be hostile to them. In fact, the most likely hostility at trial will be the jury's hostility towards computers and computing. This may be especially true, if a member of the jury has experienced the frustration of dealing with a computer-generated error in any aspect of his or her life.