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Monday, January 27, 2014

The case of Mitchell v. Wisconsin

On June 11, 1993, the United State arrogant Court upheld Wisconsins punishment sweetening integrity, which imposes harsher sentences on criminals who intentionally select the person against whom the crime...is committed..because of the race, religion, color, disability, cozy orientation, national origin or ancestry of that person. Chief nicety Rehnquist deliverd the opinion of the unanimous Court. This paper argues against the decision, and result attempt to shroud 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 surpass a lone gabardine boy. The group had just done for(p) 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 mat up hyped up to move on some white camp. When the white boy approached Mitchell said, You all pauperism to fuck soul up? There goes a white boy, Go puzzle him. The boy was left unconscious, and remained in a coma for quartet days. Mitchell was convicted of aggravated battery, which carries a dickens year maximum sentence. The Wisconsin jury, however, effect 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 Courts ruling was faulty, and defied a number of precedents. The Wisconsin law is unconstitutional, and is fundamentally unenforceable. This paper to begin with focuses on the constitutional arguments against Chief umpire Rehnquists decision and the statute itself, but will also exact the practical implications of the Wisconsin law, as well as a kindred law passed under the new federal crime bill... If you insufficiency to get a full essay! , order it on our website: OrderCustomPaper.com

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