The case of Mitchell v. Wisconsin

On June 11, 1993, the United State arrogant Court upheld Wisconsins penalty sweetening police force, which imposes harsher sentences on criminals who intentionally select the person against whom the crime...is committed..because of the race, religion, color, disability, inner orientation, national origin or ancestry of that person. Chief referee Rehnquist deliverd the opinion of the unanimous Court. This paper argues against the decision, and result attempt to plane 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 baffle a lone gabardine boy. The group had just destroyed 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 matt-up hyped up to move on some white mob. When the white boy approached Mitchell said, You all pauperism t o fuck chief up? There goes a white boy, Go redeem him. The boy was left unconscious, and remained in a coma for foursome days. Mitchell was convicted of aggravated battery, which carries a dickens year maximum sentence. The Wisconsin jury, however, plunge 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, double 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 Wiscon sin law is unconstitutional, and is basical! ly unenforceable. This paper to begin with focuses on the constitutional arguments against Chief justice Rehnquists decision and the statute itself, but will also turn over the practical implications of the Wisconsin law, as well as a alike(p) law passed under the new federal crime bill... If you call for to get a full essay, order it on our website: OrderCustomPaper.com

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