In the world of criminal defense, the most dangerous thing an attorney can do is walk into a courtroom with an untested theory. You might have the facts on your side, and the law might be crystal clear, but if the jury finds your client “unlikeable” or your main argument “confusing,” none of that matters.
The stakes are never higher than in cases involving violent crimes or sex offenses. In these situations, jurors don’t just bring their common sense: they bring their deepest fears, moral judgments, and prejudices. A wrong strategic approach in trial can mean a defendant faces years, decades, or even life in prison.
If you haven’t tested your narrative against a group of actual people before the first juror is sworn in, you could be gambling with your client’s future.
At Smith & Good Associates, we specialize in the “behind-the-scenes” research that wins cases. We help defense firms identify landmines before they explode in front of a judge or jury.
What Are Focus Groups and Mock Trials?
Before we dive into the why, let’s clarify the what. While people often use these terms interchangeably, they serve very different purposes in your trial preparation strategy.
What Is a Focus Group?
A focus group is an exploratory tool. It usually happens in the discovery phase or mid-way through trial prep. You gather a diverse group of people (matching the demographics of the county or city where the trial will be held) and present them with specific pieces of your case. You might test a single witness’s credibility, a specific piece of forensic evidence, or your overall “theme.”
More complex focus groups can include A/B tests – where a 1/2 of a potential “jury” see or hears some evidence, while the other 1/2 of the group sees or hears something less. A classic example of this is when a defense team is on the fence about having a defendant testify. A split A/B test focus group would see all the evidence presented to the entire group, but then 1/2 the group would NOT hear the defendant testify, while the other 1/2 would hear the testimony. This provides the opportunity to understand how a potential jury feels with a defendant’s testimony vs. without it. Often times, this can be the difference between putting a defendant on the stand – or in some cases, deciding to take a plea deal instead of risking a trial.
It’s less about the verdict and more about the “why.” Why did they find that text message incriminating? Why did they stop believing the expert witness?
What Is a Mock Trial?
A mock trial is a full-dress rehearsal. It is more structured and adversarial. You present openings, selected witness testimony (often via video or read-ins), and closings for both the prosecution and the defense. A “jury” then deliberates while you watch: often behind a one-way mirror or via live stream. This tells you where the case is likely to land if it goes to trial and identifies which arguments survive the heat of deliberation.
How Do These Tools Uncover Juror Bias?
In 2026, juror bias is more complex than ever. People are inundated with “true crime” media, digital forensics, and shifting social norms. Simply asking a juror, “Can you be fair?” during voir dire rarely gets you a truthful answer. Most people believe they are fair, even when they aren’t.
Focus groups allow you to dig into the implicit biases that jurors won’t admit to in open court. For example:
- The “Believe All” Factor: In sex offense cases, many jurors enter with a baseline belief that a complainant would never lie about such a serious matter.
- Technology Expectations: If your case lacks DNA or digital footprints or evidence, a “CSI-effect” bias might cause jurors to hold it against you, even if the law says otherwise.
- Credibility Gaps: Jurors often have visceral reactions to a defendant’s appearance, demeanor, or even their choice of clothing.
By running a focus group, you can identify which “profiles” of people are most hostile to your client. This information is gold when you are drafting your voir dire questions and exercising your peremptory challenges.
Why Are Mock Trials and Focus Groups Vital for Violent and Sex Offense Cases?
Most trial consultants focus on high-stakes white-collar crime: money laundering, embezzlement, and corporate fraud. But at Smith & Good Associates, we don’t shy away from violent (non-white collar) cases. We specialize in helping attorneys defend first-time offenders charged with violent felonies and sex offenses.
These cases can carry an inherent “ick factor.” Jurors often struggle to look past the nature of the charge to see the human being sitting at the defense table.
Testing the Narrative
In a sex offense case, the defense often hinges on consent or credibility. A mock trial lets you see if your explanation of “delayed reporting” or “ambiguous communication” actually makes sense to a layperson. If the mock jury laughs at an argument you thought was brilliant, you’ve just saved your client’s life by cutting it from your real trial strategy. LIkewise, during jury deliberations, you may hear a unique perspective or even questions that you had not considered, providing yet another opportunity to fine tune defense strategy.
Humanizing the Defendant
We use these sessions to see what makes your client relatable. Sometimes, it’s a specific detail about their background or a way they explain their side of the story. Finding that “human hook” is essential for overcoming the moral condemnation that comes with serious charges.
In cases where the defendant is diagnosed with ASD (Autism Spectrum Disorder), putting the defendant in front of a mock jury or focus group can be valuable to understand how they may perform in a real trial. These types of insights can provide information to help with coaching prior to trial, or even help to make a decision to put the defendant on the stand.
Identifying Sentencing Risks
If the mock jury is leaning toward a conviction, their deliberations will tell you how they reached that conclusion. This can be vital for your sentencing mitigation strategy or for deciding whether a plea deal is actually the safer path.
Can You Set Up a Mock Trial on Short Notice?
We know the legal world doesn’t always move on a predictable schedule. Discovery is dumped at the last minute, trial dates move, and witnesses suddenly change their stories.
Many consulting firms require months of lead time and five-figure retainers. Smith & Good Associates is built for speed. Because we specialize in criminal defense, we understand the urgency.
- Responsive Recruiting: We have the infrastructure to recruit venue-specific panels quickly. Most research firms require 6-8 weeks to pull together a mock trial or focus group. We are able to execute within 2-3 weeks in many cases.
- Flexible Formats: Whether you need a full in-person mock trial in a rented space or a fast-turnaround virtual focus group to test a new piece of evidence, we can make it happen.
- No-Nonsense Reporting: We don’t give you 50 pages of academic fluff. We give you a direct, actionable breakdown of what worked, what failed, who your “danger jurors” are, voting results, and comments. Our research include a written report and access to all audio and visual assets, so a defense team (and the defendant and family) can review footage of the actual group or trial.
What Does the Process Look Like with Smith & Good Associates?
When you hire us for trial preparation services, we take the heavy lifting off your desk so you can focus on the law.
- Initial Strategy Meeting: We meet with your team to identify your “nightmare scenarios.” What are you most worried about the jury hearing? What are the positive aspects of your case?
- Recruitment: We screen and select individuals from the local city or county who match the demographics of your actual potential jury pool.
- The Session: We facilitate the focus group or mock trial, ensuring the “prosecution” side is presented just as strongly as the defense to get an honest result.
- Debrief: We analyze the deliberations. We look at the body language, the specific words jurors used, and the points where they got stuck. All sessions are recorded with audio and video, which is then transcribed into the report. Jurors also fill out a questionnaire, allowing you to view hand-written comments.
- Final Report: We provide you with a summary of the group or trial, including highlights, combined results from written responses, and all video and audio assets.
Is It Worth the Investment?
Attorneys often ask if their clients can afford a focus group.
The better question is: Can they afford not to have one?
A criminal conviction for a first-time offender is a life-altering event. It affects everything from their career to their family life. A mock trial or focus group isn’t just a research expense; it’s an insurance policy for your trial strategy. It provides the data you need to negotiate better pleas or to walk into the courtroom with the confidence that your message will land.
Whether you are dealing with a complex sex offense registry issue (SORNA) or a high-stakes felony trial, Smith & Good Associates is your partner in the trenches.
FAQs
- How much does a mock trial or focus group for a criminal trial cost? While costs can vary, you can expect to pay between $3,000 for a short online focus group – to upwards of $8,000 for a 3-4 hour in-person focus group or mock trial that includes a simple A/B test. It is important to note that costs are dependent on the county or city where we are running the research. An in-person focus group in New York City would be significantly more than a focus group in a rural county in Pennsylvania (for example).
- How much time do you need to set up a mock trial or focus group? While more time is always better, we have executed full, 3 hour, in-person focus groups/mock trials in less than 2 weeks.
- Can you do mock trials outside of Maryland? Yes, we can set up either (A) a fully-remote trial or group using video conferencing technology or (B) coordinate on-site, in-person groups.
Ready to test your case before it’s too late?
Contact Smith & Good Associates today to discuss our trial preparation, jury research, and focus group services. We move fast because your client’s freedom can’t wait.