Реферат: Mitchell V Wisconsin Essay Research Paper On

Mitchell V. Wisconsin Essay, Research Paper

On June 11, 1993, the United State Supreme Court upheld Wisconsin¹s

penalty enhancement law, which imposes harsher sentences on criminals

who ³intentionally 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.² Chief

Justice Rehnquist deliverd the opinion of the unanimous Court. This

paper argues against the decision, and will attempt to prove the

unconstitutionality of such penalty enhancement laws.

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

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

just finished watching the film ³Mississippi Burning², in which a

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

film, the group moved outside and Mitchell asked if they felt ³hyped

up to move on some white people². When the white boy approached

Mitchell said, ³You all want to fuck somebody up? There goes a white

boy, Go get him.² The boy was left unconscious, and remained in a

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

which carries a two 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 Court¹s ruling was faulty, and defied a number of

precedents. The Wisconsin law is unconstitutional, and is essentially

unenforceable. This paper primarily focuses on the constitutional

arguments against Chief Justice Rehnquist¹s decision and the statute

itself, but will also consider the practical implications of the

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