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Mitchell v Wisconsin Why Mitchell v Wisconsin Sucked On June 11 1993 the United State Supreme Court upheld Wisconsins penalty enhancement law which imposes harsher sentences on criminals who intentionally select the person against whom the crimeis committedbecause 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 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 Mississippi Burning 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 hyped up to move on some white people When the white boy approached Mitchell said You all want to censored somebody up There goes a white boy Go get him 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 US Supreme Courts 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 Rehnquists decision and the statute itself but will
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