The case of Mitchell v. Wisconsin
Date Submitted: 09/26/2002 13:43:45
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
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Education. v.
Barnette
Bibliography
Cacas, Samuel. "Hate Crime Sentences Can Now Be Enhanced Under A New
Federal Law." Human Rights 22 (1995): 32-33
Feingold, Stanley. "Hate Crime Legislation Muzzles Free Speech." The
National Law Journal 15 (July 1, 1993): 6, 16
Gellman, Susan. "Sticks And Stones." UCLA Law Review 39 (December,
1991): 333-396
Chaplinsky v. New Hampshire
R.A.V. v. St. Paul
Texas v. Johnson
U.S. v. O'Brien
Wisconsin v. Mitchell
Wooley v. Maynard
W.V. State Board of Education v. Barnette
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