From Libertarian Wiki

Resistance to civil government is the refusal to submit to illegitimate authority and to obey unjustified orders. There have been many successful civil disobedients, such as the medical cannabis distributors. The most successful acts of civil disobedience are committed when public opinion is already on the side of the cause, because more people will be inclined to participate and voters, jurors and the media will be more sympathetic. Godfrey Lehman's book We the Jury: The Impact of Jurors on Our Basic Freedoms has some historical examples of this, e.g. John Peter Zenger. However, it should also be remembered that open lawbreaking constitutes fighting the government symmetrically; and symmetric warfare against a more powerful enemy is usually a losing proposition.

A classic example of non-compliance in the American tradition is H.D. Thoreau's essay Civil Disobedience in which Thoreau describes his reasons for refusing to pay taxes during the Mexican-American war. Thoreau's essay is philosophically challenging but woefully unrealistic about the practical aspects of civil disobedience. This is not surprising, considering that he only spent one night in jail before his aunt paid the poll tax on his behalf and obtained his release. Those with more extensive experience in civil disobedience know the truth. Before you commit civil disobedience, you may want to consider a few things.

Contents 1 It's hard to prepare for trial when you're in jail 2 Don't overestimate how much others will help 3 Don't overestimate your prospects of obtaining jury nullification 4 Your past will become an issue 5 Civil disobedience can be quite costly 6 It's hard to get good legal help, especially if you're poor 7 The media can spin your story however it wants 8 You won't convince government officials of their own iniquity 9 Your morale may begin slipping

It's hard to prepare for trial when you're in jail

First, are you likely to be denied bond? If so, your ability to wage a public relations effort and prepare for trial will be greatly diminished, because you'll lack access to the Internet and other resources (e.g. law journals) while in jail. If the judge thinks you are dangerous or a flight risk, your chances of being denied bond will be higher.

Don't overestimate how much others will help

Second, don't overestimate how much help your friends, family, fellow activists will be willing and able to provide. Some people will disagree with your act of civil disobedience and not want to help. When you are removed from society and placed in jail, some people will take it personally, thinking that you put a radical cause above your relationship with them. Others will simply not place helping you, or communicating with you, very high on their list of priorities. Especially if you are incarcerated pending trial, you may be "out of sight, out of mind" as far as they are concerned.

Don't overestimate your prospects of obtaining jury nullification

Third, don't overestimate your prospects of obtaining jury nullification. The state has made it more and more difficult to select a sympathetic or even impartial jury, through its rules of procedure that allow the government to strike the jurors who are most likely to acquit. Even if you get a jury that is somewhat sympathetic to your cause, the judge may prevent you from revealing to the jury your reasons for breaking the law. Or he may (and probably will) give the jury instructions that will lead them to believe that they are legally obligated to convict if the evidence shows you broke the law. Worst of all, the government will threaten to hammer you with stiff penalties if you refuse to accept a plea bargain. The stakes are high in this game – expect to serve 2-3 times as much prison time if you take your case to trial.

Your past will become an issue

If you have any other crimes or other controversial activities in your past, those will likely become an issue during trial or (especially) sentencing. The government will interview people close to you and review various records, public and non-public; see presentence report. If you have ever sought psychiatric help, expect that to become a court record (albeit possibly sealed).

Civil disobedience can be quite costly

Fourth, bear in mind that acts of civil disobedience can be quite costly. You can lose your home, car, job, significant other, friends, etc. You can end up with a criminal record that will haunt you for years. You can end up with a term of supervised release that can cause you to land back in prison on unrelated charges if they catch you violating the conditions. Supervised release restrictions can be quite onerous.

It's hard to get good legal help, especially if you're poor

Fifth, remember that it's hard to get good legal help, especially if you're poor. If you are appointed a public defender, remember that he is paid out of the same treasury as the prosecutor and judge. He is appointed by a judicial conference, made up of judges who in turn are appointed by the same politicians whose laws you are defying. He therefore has a conflict of interest. His incentive structure does not favor fighting hard for jury nullification. His career progression depends partly on staying in the good graces of the other participants in the system (e.g. judges and prosecutors). For all you know, he might be planning to become a prosecutor or judge someday. See government employment.

The media can spin your story however it wants

Sixth, bear in mind that the media can spin your story however it wants. They may ignore your case completely, or only print the barest facts (e.g. your name, what you were charged with, etc.) without saying anything about the political motivation. That may not accomplish much for your cause.

You won't convince government officials of their own iniquity

Seventh, don't think you'll achieve anything useful by trying to convince the arresting officers, prosecutor, judge, prison guards, or any other government employee of the merits of your ideas. Even if you convince them, it won't make a difference. They won't have a "Road to Damascus" experience and walk off the job in protest. It's just not in their nature. They are people who care more about serving their own individual self-interest through the paycheck, prestige, power, etc. that comes from their jobs than about doing the right thing or helping create a better society. If such lofty goals were their first priority, they would have left government long ago.

Your morale may begin slipping

Eighth, don't underestimate the potential for your morale to flag, especially if you're held in jail while awaiting trial. While in jail, you'll be deprived of the people and activities that bring you enjoyment in life. The people who you are accustomed to venting to about your problems and receiving encouragement from may not be available. You may feel loneliness, sadness, frustration and discouragement. When your morale is low, you are less able to fight the system effectively, and you are more likely to give in to pressure – e.g., the pressure to accept a plea bargain just for the sake of getting out of that place as soon as possible. Human frailty is such that we all have a limit at which further resistance just isn't possible anymore. That's one of the reasons why there aren't more civil disobedients out there.

Prison is probably especially tough for intelligent persons who crave intellectual stimulation and aren't likely to be satisfied playing poker and dominoes all day with drug dealers and bank robbers. The court system is fundamentally unfair, and the wheels of "justice" turn very slowly. Every court hearing will bring a new disappointment, at least for the uninitiated who haven't learned to have low expectations.