WISCONSIN V. MITCHELL
508 U.S. 476 (1993)
NATURE OF THE CASE: This was a dispute over a criminal penalty enhancement for race
related crimes.
FACTS: A group of Black boys beat on a White boy for no reason other than he was white.
The boy was rendered unconscious and remained in a coma for four days. Mitchell (D) the
instigator was convicted of aggravated battery. The jury also found that D selected his
victim based on race and as such the maximum sentence for the crime was raised from 2 to 7
years. D was sentenced to four years. The Wisconsin Supreme Court held that the enhancement
statute based on its criteria of race, religion, color, disability, sexual orientation,
national origin or ancestry violates the First Amendment and unconstitutionally overbroad.
The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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