They only do as instructed by the judge (sometimes); the judge only do as the law requires (most of the time); the lawyers only do as the law gives them a reasonable chance to prevail. Afterall, we have better things to do than represent idiots that spill boiling hot coffee in their laps. What better things? Representing people who are caught rifling roulette chips off casino tables. So it's not the fault of the jurors, the judge or my fellow lawyers. It's probably the fault of some terrorist group that is trying to break down our revered legal system.