Analysis of Wisconsin v Mitchell (1993) Case Essay

Analysis of Wisconsin v Mitchell (1993) Case - Essay ExampleMitchell reminded the group about their interchange and instigated them to attack the white boy. Thereafter, the group accosted the white youth, beat him unconscious and stole his footwear. Mitchells sentence was enhanced, as he had intentionally selected the victim on the basis of the latters race. It was to be decided, whether such sweetener of punishment was in discover of Mitchells front Amendment rights. The US self-governing Court concluded that the First Amendment rights of Mitchell had not been violated, by the enhancement provision of the Wisconsin punishment. As the Supreme Court of Wisconsin had ruled that such breach had transpired, the US Supreme Court reversed that decision and remanded the case for further proceedings that would not be inconsistent with its opinion. In addition, the US Supreme Court held that there was no tangible disparity between the federal and state antidiscrimination laws and the Wisc onsin statute. To this end, the Court made a comparison between the Wisconsin statute and Title VII, which renders it embezzled for an employer to subject an employee to discrimination on ground of color, religion, gender, race, or national origin (Resler, 1994, p. 422). It was surmised by the US Supreme Court that the Wisconsin statute accords punishment of greater severity for bias motivated crimes, as these crimes had a lots greater potential to engender harm to the individual and society. This reason was deemed to be adequate to justify the penalty enhancement facility available in the Wisconsin statute, and which transcended mere disagreement with the prejudices of proclivities of the offender (Resler, 1994, p. 423). Mitchell had been sentenced for aggravated battery. This sentence was enhanced, in accordance with a Wisconsin statute, as he had intentionally selected the victim on the basis of the latters race. His appeal regarding the constitutionality of the Wisconsin statut e was