Реферат: Mitchell V Wisconsin Essay Research Paper

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 (Cacas, 32). The Wisconsin law and the new federal law are

based on a model created by the Anti- Defemation League in response to

a rising tide of hate-related violent crimes (Cacas, 33). Figures

released by the Federal Bureau of Investigation show that 7,684 hate

crimes motivated by race, religion, ethnicity, and sexual orientation

were reported in 1993, up from 6,623 the previous year. Of those

crimes in 1993, 62 percent were racially motivated (Cacas, 32).

Certainly, this is a problem the nation must address. Unfortunately,

the Supreme Court of the United States and both the Wisconsin and

federal governments have chosen to address this problem in a way that

is grossly unconstitutional.

?Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise therof; or abridging the freedom of

speech, or of the press; or the right of the people to peaceably

assemble, and to petition the government for a redress of grievances.?

The most obvious arguments against the Mitchell decision are those

dealing with the First Amendment. In fact, the Wisconsin Supreme

Court ruled that the state statute was unconstitutional in their

decision, which the U.S. Supreme Court overruled. The Wisconsim

Supreme Court argued that the Wisconsin penalty enhancement statute,

?violates the First Amendment directly by punishing what the

legislature has deemed offensive thought.? The Wisconsin Court also

rejected the state?s argument ?that the statute punishes only the

?conduct? of intentional selection of a victim?. The Court?s

contention was that ?the statute punishes the ?because of? aspect of

the defendant?s selection, the reason the defendant selected the

victim, the motive behind the selection.? The law is in fact a