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Mitchell V. Wisconsin: Why Mitchell V. Wisconsin Sucked
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Mitchell v. Wisconsin: Why Mitchell v. Wisconsin Sucked
On June 11, 1993, the United State Supreme Court upheld Wisconsin's penalty enhancement law, which imposes harsher sentences on criminals who "intentionally 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." 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 fuck 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 cri...
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