A wartime narrative is a persuasive narrative aimed at rallying support for the war. Throughout history great Orators In Wartime have used a wartime narrative to rally support for the cause they were fighting for. A good wartime narrative will generally: 1) Rally support for the cause; 2) Have defined goals; and 3) Inspire belief that victory can be achieved.
RALLYING SUPPORT FOR THE CAUSE
Wartime narratives often begin by rallying people behind a common cause. After the October 7, 2023 attack on Israel Benjamin Netanyahu stated "The days when the Jewish people remain passive in the face of genocidal enemies—those days are over.” A sentiment that has resonated with Jewish Israelis from the start of Zionism, and bolstered by the horrors of the Holocaust.
Similarly President Vlodymyr Zelenskyy rallied his nation against the invasion by Russia by emphasizing the absurdity of Russia’s claim they have sovereignty over Ukraine, and then channeled Winston Churchill saying “We will not give up and we will not lose. We will fight until the end at sea, in the air. We will continue fighting for our land, whatever the cost.”
For criminal defense attorneys, the cause is no less urgent. The fight against a dehumanizing justice system requires reframing the narrative around defendants. Defense attorneys must constantly remind everyone that a defendant does not lose their humanity just because they have been convicted or accused of a crime.
A counter narrative is also important in combat disinformation, false causes, and fallacies. When Russia invaded Ukraine they tried to justify the invasion claiming they were trying to denazify Ukraine. This of course was not true, and it was necessary to dispel the narrative to avoid the Russia from gaining support for their invasion.
Similarly, defense attorneys must dispel narratives that strip defendants of their humanity. Disproportionate sentences are often justified by fallacies like “that’s why you shouldn't commit crimes” or we need to protect the public from “these people.” Such language does not actually justify why the sentence being imposed is proportionate. It either side steps the issue of proportionality, or justifies it by labeling criminal defendants as lesser people.
DEFINING THE GOALS
Clear, attainable goals are central to effective wartime narratives. After Hamas attacked Israel on October 7th, 2023 Netanyahu stated Israel will not stop until we achieve “Total Victory”. He then defined total victory stating “ Israel will fight until we destroy Hamas’s military capabilities and its rule in Gaza and bring all our hostages home. That’s what total victory means, and we will settle for nothing less.”
In criminal defense, people often think the goal is to secure an acquittal or dismissal of the charges. However there are other goals as well, such as restoring humanity to defendants to reduce unjust punishment, and challenging an unjust system.
Defense attorneys must craft their own "total victory" narratives, outlining what justice looks like and why it matters—not just for their clients, but for the integrity of the system as a whole.
CONVINCE THEM THEY CAN WIN
After Russia invaded Ukraine in 2021 there was a big question as to whether Ukraine could defend themselves against a giant power like Russia. One of the first things Austin Loyd did was to back President Zelenskyy in trying to convince the world that Ukraine could defeat Russia. A failure to believe in the possibility of victory can result in a defeatist mindset.
OVERCOMING DEFEATISM
Defeatism is a powerful adversary in war and in advocacy. Early in the Russian invasion of Ukraine, many doubted Ukraine’s ability to withstand Russia’s military might, and thought they might surrender with no hope of victory. President VOLODYMYR ZELENSKYY quickly gained popularity among the world by telling them they could win the war, and Russia would regret their invasion of Ukraine. This was essential in overcoming the deeatist mindset in support for the war. There would be no point in making the sacrifices of war with no hope of winning.
Defense attorneys face a similar challenges. In a system designed to pressure defendants into plea deals, many attorneys understandably seek to avoid the “trial penalty” the same way people surrender to avoid the destruction of war. However might does not make right. A wartime narrative is necessary to withstand the pressure to give in under these circumstances.
CONCLUSIONS
Diplomacy Is A Form Of Advocacy, and should generally be used first. But sometimes diplomacy fails, and the defeatist mindset can sink in. This is especially true in criminal defense where the criminal justice system often dehumanized people. With many defendants facing overwhelming evidence of guilt and decades in prison, the government uses these moments as an opportunity to impose devastating sanctions against the defendants.
A wartime narrative is often necessary in these situations to try and oppose the defeatist mindset. Most defense attorneys are willing to oppose a criminal justice system that dehumanizes defendants. They quickly define their goals as to what constitutes a more humane and proportionate sentence.
Where many defense attorneys fail in their narrative is they don’t believe they can win. I have fallen into this category more often than I’d like to admit. In the face of overwhelming evidence, and a disproportionate sentencing scheme, many attorneys plead their clients to harsh sentences to avoid a trial penalty.
A wartime narrative is even more important for public defenders. While no single case can change the narrative of a courtroom. The public defender’s assigned to a specific courtroom may be able to change the narrative of the courtroom over a large number of cases.
