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On June 11, 1993, the United State Supreme Court upheld Wisconsin¹s penalty enhancement law, which imposes harsher sentences on criminals who ³intentionally select the person against whom the crime...is committed..because of the race, religion, color, disability ....

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.... 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 crime he committed without the penalty enhancement law. The U.S. Supreme Court¹s ruling was faulty, and defied a number of precedents. The Wisconsin law is unconstitutional, and is essentially unenforceable. This paper primarily focuses on the constitutional arguments ag ....