Prepared by the National Campaign for Nonviolent Resistance
Antiwar activists interested in challenging Congress as part of the Declaration of Peace activities in Washington, D.C. should give serious consideration to engaging in civil resistance to end the U.S. war and occupation of Iraq. The National Campaign for Nonviolent Resistance, the organizer of the mass action on Tuesday the 26th and of previous nonviolent actions in our nation’s Capitol, is optimistic that we are getting close to achieving that goal, and urges all concerned citizens to come to D.C. and take the risks of peace.
Those engaging in nonviolent resistance on September 26 or 27 should be prepared for possible arrest, temporary incarceration and court proceedings. Sentences for convictions can involve community service, or jail for periods of up to 6 months, and/or fines up to $1000. Based on NCNR’s experience, however, it is unlikely the government will seek imprisonment for those convicted. A $50 fine and court costs is a much more likely outcome.
Prior to participation in any risk arrest action, you should hand over to your supporters almost all of your belongings except for a picture ID, a few dollars and a prescription for any medication. Arrested people will be handcuffed and searched on the spot. Then the police will transport the prisoners to a nearby area for processing, where they may be fingerprinted, photographed, and issued individual citations which will require the arrestee to appear in court at a later date.
During processing, you will be asked for identification. Sometimes, the police will write you a citation to return to court and release you from custody. You are obliged by law to sign the citation, acknowledging only that you received it and promise to appear in court in the future. You are not waiving any rights or admitting guilt by signing the ticket. If you refuse to sign the citation or provide the police with your personal identification you could be booked into jail. (Please be aware that we are not prepared to support jail solidarity actions as part of this resistance action.)
If you are taking medications that are vitally necessary (i.e. for HIV, high blood pressure medicine, etc.), it is very important that (1) you tell the processing officers that you need these medications to live; (2) you have the medications in their original containers (as it is a crime to carry prescription medications outside of their original containers); and (3) you have a copy of the prescription from your doctor.
In the unlikely scenario that you are booked into jail, most prescription medications are confiscated and placed into your “property” which is inaccessible to you while in jail, and (possibly) returned to you upon release. For a variety of reasons (security, lawsuits), the jail has a policy of using their own medications for prisoners. The exception to this policy is if the medications are rare and expensive, in which case they will use your prescription.
Based on proposed scenarios for the Sept. 26-27 actions, you will, if engaged in a resistance action, likely to be arrested by the Capitol Police, probably given a citation [pay a $50 fine or appear for trial] and released after several hours on personal recognizance This also presumes, of course, that you maintain nonviolent discipline during the action, and do not destroy property, harm or attack the police or bystanders, etc. It would be most unlikely that any bail is required.
In the unlikely situation that you are arrested by the Metropolitan Police—there are several different police jurisdictions on and around federal property—you could still be released with a citation at a local substation. However, you could be incarcerated overnight and brought before a magistrate in Superior Court. You would then probably be released on personal recognizance and scheduled for a hearing. At that court hearing you will be asked if you want to plead guilty or not guilty. If you want to plead not guilty, you will be given a date to return for trial. If you plead guilty to a minor charge, you may be sentenced right then. It is very unlikely that a nonviolent action will result in jail time. More likely scenarios would be community service, a fine and/or probation.
Washington, D.C. has the option of “post and forfeit,” where you pay (“post”) a set amount of money (a small amount, SUCH AS $50) and forfeit the right to ever get the money back. It is not the same as a guilty plea, and does not become part of your record as it is not a criminal conviction. It is considered an administrative adjudication of your arrest, and is akin to receiving and paying a traffic ticket. The post and forfeit option officially ends the legal process after arrest, and those who choose it do not have to return for trial. You may consider this option up to and including on your trial date.
Charges are possible under the DC Code or under federal laws. But again, based on experience, the most likely outcome is that you will be charged under D.C. Code and ordered to appear in Superior Court and not U.S. District Court.
DC Charges
Incommoding. This is blocking vehicle or pedestrian traffic on the streets, sidewalks, and other walkways. Maximum penalty is a $250 fine and/or 90 days in jail—DC Code § 22-1107. The charge of disorderly conduct is essentially the same—DC Code § 22-1121.
Failure to obey a Police Officer. Often called “failure to disperse,” this charge is possible when the police order you to depart and you refuse. The order must be “lawful,” which means that if the police issue an unconstitutional order, there is no offense in ignoring it. But police authority is very broad. At trial, if the order is ruled lawful, you can be fined $100-$1,000. DC Muni. Reg. §§ 18-2000.2 & 2000.10.
Unlawful entry on property (trespassing). Remaining on government property after being told to leave is punishable by a fine up to $100 and/or up to 6 months in jail. For government buildings and the surrounding land, there must be some reason that you have been asked to leave, such as to prevent disruption or to maintain security. DC Code § 22-3102.
The National Campaign for Nonviolent Resistance wants to emphasize that these are guidelines. In risk arrest situations, there are many contingencies and too many variables to ascertain today what the police may do on September 26 or 27. It is possible, for example, the police may decline to arrest. Nevertheless, lawyers familiar with criminal law will be available to provide advice during the entire process.
Again based on much experience, NCNR feels that by maintaining nonviolent discipline (please refer to the nonviolent guidelines on our website, www.iraqpledge.org), the arrest will be comparatively “easy.” In other words, the worst-case scenario would be a night in jail, but more likely incarceration will amount to several hours, with release later that day. The punishment after conviction is likely to be a small fine.
We also want to emphasize that all risking arrest in nonviolent action must have a support person who has your personal information and will track you through the process following arrest until you are released, as well as help you to your destination post-release – even if that release happens at 5 o’clock in the morning (which is when the last folks were released after our very large action on September 26, 2005). While NCNR will provide overall coordination of the post-arrest process, and work with all support persons as needed, we cannot be responsible for tracking every individual who risks arrest. That is the purpose of having support persons. Preferably you should be part of an affinity group that has support persons. Affinity groups can be formed the night before for those who do not have one already.
Finally, it must be realized that whatever risk or suffering we endure in the course of this action, it is nothing compared to what the people of Iraq have faced since March 20, 2003. As nonviolent activists, we should recognize that citizens and soldiers on all sides are risking their lives on a daily basis, and enduring great suffering on a daily basis, and it is these people that we should keep in our minds and hearts during the action. By taking nonviolent action, we hope to join in solidarity with those who suffer most as a result of our government’s policy, and to influence decision-makers to bring the troops home and to provide reparations to rebuild a devastated Iraq.
NATIONAL CAMPAIGN FOR NONVIOLENT RESISTANCE
WWW.IRAQPLEDGE.ORG