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Essay / Research Paper Abstract
This 10 page paper analyzes the controversial case of Wisconsin vs. Mitchell -- over a state statute which allowed longer sentences for people convicted of violating existing laws if they chose their victim because of race, religion, disability or sexual orientation. The writer analyzes the actual crimes as it was committed, the facts of the case, and litigation as it occurred at every level. Views of the American Civil Liberties Union and other organizations are expressed. Relevant legal and sociopolitical analysis follows. Bibliography lists 5 sources.
Page Count:
10 pages (~225 words per page)
File: D0_Wiscsmit.doc
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Unformatted sample text from the term paper:
for people convicted of violating existing laws if they chose their victim because of race, religion, disability or sexual orientation. The local county court had sentenced under these guidelines,
the State Supreme Court overturned their decision and then finally, the United States Supreme court upheld the original judges decision. Factually, the Wisconsin case
involved a group of black youths in 1989 in a town called Kenosha, Wisconsin. They were discussing a scene in the movie Mississippi Burning, where a white man beat a
young black boy who was praying. A short time later, a 14-year-old white boy walked by on the other side the street. The group went after him, severely beating him
and causing extensive injuries and possibly permanent brain damage. Todd Mitchell, 19, one of the groups older members, was convicted of aggravated battery, a crime that in Wisconsin normally
carries a maximum two-year prison sentence. But because his crime was motivated by race, the judge imposed a four-year prison sentence. Right before the beating,
Mitchell reportedly asked his peers, "Do you all feel hyped up to move on some white people?" He then pointed to the white teenager and yelled, "Go get him."
There was little argument about the teenagers guilt, and he was convicted quite easily. The controversy came about when he was sentenced to an enhanced penalty of four years
due to the racial bias of his crime. In a press conference of that time, Samuel Rabinove of the American Jewish Committee praised the courts ruling, saying, "The key
is that this is conduct, not speech. If First Amendment protection were to be construed so broadly, then all laws on discrimination would be vulnerable to challenge." American Civil
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