Another area in which jurors' assumptions, unchallenged by the judge's instructions, could lead to arbitrariness concerns jurors' beliefs about the consequences of their failure to simultaneously agree on a sanction. Why should jurors deliberately ignore information that, on occasion, could determine whether a defendant lives or dies? Human decisions are fallible; biased and impulsive, and in cases of capital punishment, these decisions can never be completely eliminated. Although such fallibility is undesirable in determining the outcome of a trial, it would be reassuring to know that when the consequences are as irrevocable as death, the tolerance for fallibility is low. The data, however, suggests that this is not the case. Partiality and arbitrariness would be harmful consequences. The United States Constitution guarantees the right to a jury trial, in the Fifth, Sixth, and Seventh Amendments. Most Americans view the jury trial as an important safeguard of our justice system, and the depiction of jury trials and associated events is ubiquitous in films, television programs, and popular literature. Despite the significance and historical importance of jury trial, only a small percentage of people accused of a crime have their cases tried by a jury. A recent estimate by Maguire and Flanagan (1991) indicates that about 6% of felony defendants actually go to trial. Most cases end with the charges being dropped, charges reduced, or the defendant entering into a plea bargain. However, a higher proportion of defendants charged with murder, approximately 33%, receive a jury trial (Maguire & Flanagan, 1991), and this percentage is more likely to increase for capital defendants ( 2006), “Regardless of the legal procedure”. facts or evidence that could be presented at trial, the structure of the American justice system allows for extra-legal circumstances, including appearance, behavior, and body language, to be introduced into court, which can influence behavior actors in the courtroom and even the trial. results. » Most people might think that they have the ability to make decisions based solely on evidence, that an educated jury can most certainly render an impartial judgment on an individual and not take into consideration their physical appearance. There are many studies that prove this theory wrong. A defendant's appearance in a courtroom is extremely important and taken into consideration by the judge, jury, persecutors and even the media. According to Michael AE (2006), “physical appearance and attractiveness in the courtroom are positive and highly valued attributes capable of significantly influencing jury decision-making behaviors.” Studies show that appearance has a big effect on trial outcome, Michael AE (2006). , conducted research in which 124 undergraduate students read a summary of a trial in which a plaintiff filed a lawsuit against the defendant for damages and injuries caused as a result of a car accident . “Students were asked to rule, based on the evidence and facts presented, in favor of the plaintiff or defendant and, where appropriate, award damages. To test the