Mitchell V. Wisconsin Essays - Conservatism In The United States

Mitchell v. Wisconsin Why Mitchell v. Wisconsin Sucked 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 evening of October 7, 1989, Mitchell and a group of young black men attacked and severely beat a lone white boy. The group had just finished watching the film ?Mississippi Burning?, in which a young black boy was, while praying, beaten by a white man. After the film, the group moved outside and Mitchell asked if they felt ?hyped up to move on some white people?. When the white boy approached Mitchell said, ?You all want to fuck somebody up? There goes a white boy, Go get him.? The boy was left 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 Court?s 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 against Chief Justice Rehnquist?s decision and the statute itself, but will also consider the practical implications of the Wisconsin law, as well as a similar law passed under the new federal crime bill (Cacas, 32). The Wisconsin law and the new federal law are based on a model created by the Anti- Defemation League in response to a rising tide of hate-related violent crimes (Cacas, 33). Figures released by the Federal Bureau of Investigation show that 7,684 hate crimes motivated by race, religion, ethnicity, and sexual orientation were reported in 1993, up from 6,623 the previous year. Of those crimes in 1993, 62 percent were racially motivated (Cacas, 32). Certainly, this is a problem the nation must address. Unfortunately, the Supreme Court of the United States and both the Wisconsin and federal governments have chosen to address this problem in a way that is grossly unconstitutional. ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.? The most obvious arguments against the Mitchell decision are those dealing with the First Amendment. In fact, the Wisconsin Supreme Court ruled that the state statute was unconstitutional in their decision, which the U.S. Supreme Court overruled. The Wisconsim Supreme Court argued that the Wisconsin penalty enhancement statute, ?violates the First Amendment directly by punishing what the legislature has deemed offensive thought.? The Wisconsin Court also rejected the state?s argument ?that the statute punishes only the ?conduct? of intentional selection of a victim?. The Court?s contention was that ?the statute punishes the ?because of? aspect of the defendant?s selection, the reason the defendant selected the victim, the motive behind the selection.? The law is in fact a direct violation of the First Amendment, according to the Wisconsin Supreme Court, which said ?the Wisconsin legislature cannot criminalize bigoted thought with which it disagrees.? ?If there is a bedrock principal underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable?. The Supreme Court was heard to utter such noble phrases as recently as 1989, in Texas v. Johnson. Unfortunately these idealistic principles seem to have been abandoned during Wisconsin v. Mitchell. Clearly, Mitchell?s act of assaulting another human is a punishable crime, and no one could logiacally argue that the First Amendment protects this clearly criminal action. However, the state?s power

Computer Science Vision Statement Essay Sample

Computer Science Vision Statement Essay SampleMany people, even with the best of intentions, make the mistake of failing to develop a computer science vision statement. Vision statements are very important because they help you think about the future and where you want your company to be in it. But how can you write one that will appeal to the reader?There are several elements to developing a computer science vision statement. First, you must understand what computer science is. It is the study of computation. There are many different forms of computation:This is the easiest to understand, but there are certain types of computation that are not as easy to understand. These are referred to as 'advanced' types of computation. Computation on these types are either essential or not as important to computation as computation on 'basic' types.Knowledge of these types will give you an idea of what these advanced types are and whether or not they are important to your company. Once you have this, you can begin to develop your vision statement by stating the characteristics of advanced types of computation.This is probably the most difficult aspect of developing a computer science vision statement. You need to take your knowledge of computers and study how they work. This will enable you to determine if you are able to use the computer science elements correctly. You will also have to know the types of computer science subjects that apply to your situation.As you begin to understand how computers work, you should begin to realize that there are some basic computer science elements that do not apply. However, it is possible to find a degree program in which you will have an interest in learning about these basic principles.It may be necessary to specialize to learn the more advanced concepts. If you wish to write a computer science vision statement for a company, then you may have to learn a few more advanced concepts. By specializing, you will be more prepared to write a vision statement for your company and enable yourself to develop a more accurate vision statement.The most important part of developing a computer science vision statement is to be clear about what you wish to achieve. Once you understand what you want to achieve in this field, then you will be able to develop a vision statement for your company. Not only that, but it will enable you to develop a vision statement that appeals to the reader.