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Mitchell vs. wisconsin

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

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 *censored* 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,

. . .

Motive, however, is used to establish guilt

or innocence, and is not in itself a crime. The ordinance is therefore

fatally overbroad and invalid on its face. However,

many of these rulings are of questionable constitutionality

themselves.

There are probably more Supreme Court cases that favor Wisconsinıs

position than there are that support Mitchellıs argument. The stateıs flag desecration statute was

ruled unconstitutional by the Court. ² Second, the

Mitchell ruling not only affects eveyoneıs free speech rights with a

general constriction of the interpretation of the First Amendment, but

the ruling makes way for further constrictions. Paul, ³If a hate speech law that enumerated

some categories is invalid because, in Justice Antonin Scaliaıs

opinion in St.

Approximate Word count = 3389
Approximate Pages = 14 (250 words per page double spaced)

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