In the United States of America, defendants get to pick who'll decide their fate: a judge or a jury of their peers. Lawyers always advise their clients to go with the jury— it's a miracle to get twelve people to agree on where they're having lunch, let alone the guilt or innocence of a defendant. And a mistrial, which is what happens when they can't agree, is a win for the defense. Because juries are people unfamiliar with the letter of the law. And those are people who can be swayed—by lots of elements that have absolutely nothing to do with facts.