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In this article, you can discover…
A focus group consists of 10-15 people who listen and respond to information about an upcoming case presented by two facilitators. The verbal responses from the focus group are noted by the facilitators and can help the defense lawyer better understand how a jury might react to the information presented at trial.
For example, a focus group will usually start with the members being presented with just the name or statute of the charges faced by the defendant – say “criminal sexual conduct.” The group is allowed to share their thoughts on that general charge out loud until that line of conversation runs its course. Next, more details will be mentioned, one at a time, such as: “criminal sexual conduct, 1st degree;” then, “alleged victim 10 years old;” and “accused is 24 years old.” The new information is discussed by the group until the conversation runs its course. Further information, such as “accused is victim’s soccer coach” or” uncle,” is then introduced and discussed, again one specific “fact” at a time.
Throughout the all-day conversation, the focus group shares their reactions to the information given (as it is given), questions the evidence presented, and expresses their support or objections to the facts – both individually and as a whole. By the end of the day, the facilitators gain a sense of who within the group finds the client guilty and who finds them innocent.
Every reaction, question, and outburst voiced during the focus group is meticulously noted (as well as audio and visually recorded). The more insights your defense lawyer has into the possible emotional, psychological, rational, and subjective thought processes of a jury, the better prepared the lawyer can be to present information and fight for you in court. Finally, audio and video recordings of the focus group are sent to you so that you can understand the group’s responses to the information given.
Yes and no. Yes – every case can benefit from a focus group. However, crimes involving violent, upsetting, or emotionally impactful charges can particularly gain unique insights. This includes charges such as physical child abuse, Munchausen by proxy, shaken baby syndrome, sexual assault, date rape, and child sexual abuse.
Emotions surrounding these types of crimes tend to be extremely visceral and intense. The responses given by focus group members and the questions they ask about the facts can help your defense lawyer gain deep and helpful insights into how a jury might silently process, judge, and question the information presented at trial.
The more data your attorney has about possible jury reactions, the better they can craft a strong, persuasive, and thoughtful defense for you in light of the facts.
Selecting and organizing focus groups is a crucial step in trial preparation for a criminal case. The best way is to reach out to the local community (where the case is pending) in various ways, including through social media, to local students via criminal justice and psychology departments at colleges and universities, and to friends and family in the area. It is also fruitful to engage with community groups such as clubs and lodges.
Reaching out to potential focus group members from the same community is essential. Your lawyer needs to understand what people from the locale think and feel about the details of your case, as this is the community from which the jury will likely be selected.
Making contact with as many people as possible helps your attorney gather a diverse and thoughtful group of individuals who can represent a potential jury at your trial. This approach ensures that the insights gained are reflective of the community’s perspectives, allowing your lawyer to prepare a robust defense strategy.
Attorney Mark Satawa is a seasoned, proficient criminal defense attorney serving Michigan. For over 30 years, he’s helped clients just like you navigate and fight complex charges with the help of excellent defenses and focus group-derived legal insights.
Have questions about focus groups? In need of an excellent criminal defense? Reach out to Satawa Law at (248) 509-0056 for a free initial consultation today!
Focus groups are not mock trials. Instead, they are sessions where focus group members hear information, respond to it, and ask questions about your case. The process is very conversation-based and Socratic, rather than formulaic and rigid.
The focus group process spans over two days. On the first day, the defense attorney and the group facilitators engage in a brainstorming session. This session often takes place in the area where your case is located and can last seven to ten hours or more.
The next day is dedicated to the focus group itself. Typically, these sessions begin around 9:00 in the morning, include a half-hour break around noon, and conclude by 3:30 in the afternoon.
A week after the focus group, the attorney and the facilitators will meet (with the client if he/she so chooses), usually via Zoom, to discuss the overall insights gained from the focus group. This conversation, which commonly lasts 3 to 4, will review the focus group notes and involve further brainstorming about the defense strategy.
Simply put, the goal is to present detailed “snippets” of information, piece by piece, one concrete fact at a time, to the focus group and allow them to discuss it, consider the information, and ask questions. Facilitators will not guide the conversation, or ask questions designed to steer the conversation to a point or defense that the defense attorney would like the group to consider; instead, the focus group is allowed to reason things out on their own, with their responses carefully noted.
Paradoxically, the initial aim is to get the focus group to a point where they are ready to convict the client. Then, and only then, will the focus group be in the right mindset to start to question the facts and information being presented. This reasoning process can help approximate how a jury might perceive the case and the prosecution’s arguments, and determine which lines of defense will be effective in response to that case.
For example, in one focus group session for a case where the client was accused of date rape that began at a bar, the group was initially convinced of his guilt. However, an older woman in the group asked, “Wait, who initially bought the drinks?” It turned out that the woman accusing the client of date rape had bought four or five of the six rounds they shared, and that fact significantly changed the group’s perspective on the case.
This illustrates how focus group discussions can reveal crucial details and potential avenues of defense that might alter the perception of a case, allowing your attorney to craft a more effective defense strategy.
The feedback the attorney receives from a focus group will include not only what the group said, but every bit as importantly how they said it, and when in the process it was said. This data is absolutely invaluable. Understanding how a jury might process data and turn information around in their heads can help the lawyer craft an effective, meaningful strategy to defend the client.
For example, if the client is accused of sexual assault, the attorney may expect the focus group to notice that the sequence of events described by the alleged victim is difficult to believe. But if the group does not zero in on the incredibility of the complainant’s time line, this absence of reaction is just as important. It indicates that a seemingly key detail might not resonate with a jury, helping the lawyer adjust their strategy towards aspects more relevant to the jury.
The defense attorney can use the insights that are gained at each stage of the trial as they see fit. This can include…
In the end, the client and the attorney may realize that the best strategy to use may be one that a focus group came up with unprompted. This collaborative and iterative approach helps ensure that the trial defense is as robust and persuasive as possible.
Focus groups cannot miraculously predict the outcome of a trial. However, they are uncanny in their ability to project how a trial will play out in a courtroom, and the most likely potential set of outcomes. This is because they are incredibly helpful in nailing down which key facts, pieces of evidence, and points will be meaningful to a jury. The attorney can also get an excellent sense of the emotions and psychological impact caused by the facts of the case.
This, in turn, can give the criminal defense lawyer a stronger sense of how the trial might go and the time to adjust strategy for a more favorable outcome.
Focus groups run the gamut when it comes to costs and expenses. However, on average a focus group will cost approximately about $25,000 to run, plus expenses. The cost of running the focus group can also depend on how many days your attorney goes over notes and the results of the focus group.
An inexpensive, simpler focus group can cost as little as $15,000, and more complex cases requiring multiple prep days and two or three separate focus groups can run $50,000 to $100,000 or more to facilitate.
The payoff, however, is far better insights for the attorney as to how to approach the defense, and this could mean the difference between the client’s freedom on the one hand, or a serious conviction and jail time on the other.
A focus group will help the lawyer develop specific, unexpected approaches and strategies for trial that would never have been considered without insights gleaned from that session. These insights enable lawyers to understand which facts to emphasize, which to quietly omit, and how to present the case in a manner that a jury can process effectively.
This insight frequently lead to lesser convictions, or even a not-guilty verdict. As a defense attorney, I refuse to go to trial without utilizing a focus group. They are the single most important and valuable trial prep tool I know, and I will not take a case to court without the defense insights gained from these sessions. They’ve helped me win numerous cases and refine my defense strategies in ways that have been invaluable.
For more information on the Power Of Focus Groups In Criminal Defense, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.
Attorney Mark Satawa is a seasoned, proficient criminal defense attorney serving Michigan. For over 30 years, he’s helped clients just like you navigate and fight complex charges with the help of excellent defenses and focus group-derived legal insights.
Have questions about focus groups? In need of an excellent criminal defense? Reach out to Satawa Law at (248) 509-0056 for a free initial consultation today!