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Penalty for Bias-Motivated Crimes-

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 delivered the opinion of the

unanimous Court. This paper argues against the decision, and will

attempt to prove the unconstitutionality of such penalty enhancement

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


politically correct ideologists claim to have good intentions (The

reprehensible as racism by the general public? The United States

have considered a wide variety of factors in addition to evidence

particular significance to, a racial, religious, or ethnic/national

implications of the Wisconsin law, as well as a similar law passed

3. the incident coincided with a holiday relating to, or a date of

cases have made clear, however, that such generalized reactions are

sentencing judge to exercise excessive discretionary judgement based

to up to seven years. The jury sentenced Mitchell to four years, twice

outside of the question on which the Court granted certiorari.

The law is in fact a direct violation of the First Amendment,



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Approximate Word count = 3539
Approximate Pages = 14 (250 words per page double spaced)


  

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