The case of Mitchell v. Wisconsin

On June 11, 1993, the United State arrogant Court upheld Wisconsins

penalisation enhancement law, which imposes harsher sentences on criminals

who intentionally select the person against whom the crime...is

committed..because of the race, religion, color, disability, sexual

orientation, national origin or ancestry of that person. Chief

Justice Rehnquist deliverd the opinion of the unanimous Court. This

paper argues against the decision, and result attempt to canvass the

unconstitutionality of such penalty enhancement laws.

On the evening of October 7, 1989, Mitchell and a conference of young

black men attacked and severely beat a lone gabardine boy. The group had

just finished watching the film Mississippi burn, in which a

young black boy was, while praying, beaten by a white man. After the

film, the group moved outside(a) and Mitchell asked if they felt hyped

up to move on some white battalion. When the white boy approached

Mitchell said, You all pauperism to fuck psyche up? There goes a white

boy, Go get him. The boy was left unconscious, and remained in a

coma for quartette days. Mitchell was convicted of aggravated battery,

which carries a dickens year maximum sentence. The Wisconsin jury,

however, found that because Mitchell selected his victim based on

race, the penalty enhancement law allowed Mitchell to be sentenced to

up to seven years.



The jury sentenced Mitchell to four years, twice

the maximum for the crime he committed without the penalty enhancement

law.

The U.S. Supreme Courts ruling was faulty, and defied a number of

precedents. The Wisconsin law is unconstitutional, and is essentially

unenforceable. This paper to begin with focuses on the constitutional

arguments against Chief Justice Rehnquists decision and the statute

itself, but will also consider the practical implications of the

Wisconsin law, as well as a similar law passed under the new federal

crime bill...

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