 There is evidence from the study that jurors are confused or misled by the judge's instructions to the jury.Jurors often appear to make decisions from personal experience and personal moral guidelines instead.Findings from jurors interviewed show that 50% of the jurors admit to making death penalty decisions before the death penalty phase of the trial has begun, and 45% did not understand that they could consider any mitigating evidence during the penalty phase, not just the factors listed in the judge's instructions.