Jennifer Cordova
09/05/2025
JURI600
Professor Roach
Week 3 Assignment
Render Unto Caesar
This essay is my analysis of the State of Wisconsin’s and the encorporation of harsher
penalties if the crime committed is due to the victim's sex, religion, or the individual's race. The
penalties becoming more enhanced is due to the constant rise in violent crimes against a person
because of their sex, religion, or race and these crimes are associated with hate crimes. Several
states including Wisconsin have laws that are specifically introduced and placed for hate-crimes
against a person. However, a question to consider when going through my own analysis when
deciding if the penalty can fall under civil government jusrisdiction due to the relation with a
Bibical worldview. The ultimate principle to authority is deciding where govern lies; Romans
13:1 states; ‘The key principle of jurisdiction is God has all authority.’ Romans 13:1-7 is the
foundational versus when it comes to civil jurisdiction.
The paper I am presenting to you is my determination of if the civil court has authority
over the enhancement of criminal hate-crimes or have they stepped outside of authority due to a
Biblical worldview.
The definition of a hate-crime as defined by Oxford dictionary is ‘a crime, typically one
involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual
orientation or similar grounds.’ Being biased and prejudice against someone based on the
definition said above can be seen as intention and can be complicated to name if an action is not
followed after. Jurisdiction could fall under mindful matters which belongs to our Devine and
not civil authority or civil government however, only if the bias is determined to be intention.
God does loook at the mind of the man as well as the intentions that a man has towards someone
Romans 13:1-7 (Christian Standard Bible)
Wisconsin v Mitchell, 508 U.S 476 (1993)
Genesis 4:12 (Christian Standard Bible)
Herbert W Titus, God, Man and Law: The Biblical Principles
or something. Our text said, “God claims Juris over heart and mind and the government can not
punish a wrongful thought, only a wrongful act.”
Titus made several valid points throughout his pages when he referenced speaking the
law with others while continuing to keep a respectful boundary with them. While jurisdiction and
authority are a complete division between government and God, Romans 13:1-2 states; ‘There is
no power but of God, the powers are obtained by God.’ And Titus can follow suit in that by his
statement; ‘If civil government derived its legitimacy from God, then one could expect that such
government authority would also be limited by God.’ While the government can punish what
one does, the government can not punish what one is. If we followed self-governance, we would
expect one to follow the morals and values of the law of nature and that would be reputable
enough to govern man kind due to that being something that should be written into us from God.
Natural Law is the idea that one already encompasses the moral values that is naturally written
into us, it is the idea that a person can naturally protect themselves or others from wrongdoings.
It is said that one's heart can be evil, which can be se in cases involving murders, sexual assaults,
violent crimes, and others, that man can not fully be trusted to self govern and must have
government intervention to prevent it from occurring again.
I took the time to look over some of the details surrounding the 1993 Wisconsin v.
Mitchell case that pushed Wisconsin to pursue this particular action. After reviewing it seems as
if the courts decision was based on the actions and conduct of the man, not the man's beliefs.
Because the man had acted on his bias and prejudice instead of just believing or thinking it, he
was held accountable. The court documents said that he had picked the victim based on race,
however it also said that the victim was discussing a movie by the name os Mississippi Burning.
The movie was based on civil rights activist that went missing and involved groups such as the
Romans 13:1-7 (Christian Standard Bible)
Wisconsin v Mitchell, 508 U.S 476 (1993)
Genesis 4:12 (Christian Standard Bible)
Herbert W Titus, God, Man and Law: The Biblical Principles
Klu Klux Klan. Speaking about this movie or a scene in this movie could have potentially fueled
an emotional, mind-altering rage that then made the victim seem as if he were against Mitchell.
In Genesis 4:12, Cain was labeled as a nothing for murdering Abel, he does however curse him
and shun him allowing him to still suffer consequences for his actions. God does not however,
destroy Cain for his actions. In the aspect of a Biblial worldview it seems as if the enhancement
in penalities for this crime could be overstepping because in Genesis not even God persecuted
Cain for his actions. While Cain’s situation was different it still bestowed bodily harm or death
upon an individual. John Locke once said, ‘The rules that Legislators make for men’s actions
must be comformable to the law of nature.’
Conclusion
Common Law is what men do that makes it punishable, not what a man is. While God
has the complete authority over our minds and hearts, we still must look at and acknowledge
those who protect the vessels surrounding the heart and mind. The civil government still holds
authority over our actions if it is seen as if a hate-crime was committed due to the individual
holding prejudice. God gains authority over mind and heart while man continues to control
authority over civil matters to prevent totalitarism. It tries to creat an equal and fair fight as well
as helps with better understanding of how to handle and judge certain situations.
I do believe that because we can not trust man to govern himself, that the laws we have
set in place and sanctioned for hate-crimes should continue to be held with civil jurisdiction and
continue to be enhanced because the goal is to continue to keep chaos under control and allowing
one to commit a hurtful act because of their own personal bias is a sin, and while we are forgiven
of our sins, God can continue to have that authority of our hearts and minds but we still need
civil government to maintain order. Even in Romans 13:1-7 it highlights the significance and
Romans 13:1-7 (Christian Standard Bible)
Wisconsin v Mitchell, 508 U.S 476 (1993)
Genesis 4:12 (Christian Standard Bible)
Herbert W Titus, God, Man and Law: The Biblical Principles
importance of the government playing a part in keeping civil order upon us. ‘Let every soul be
subject to the governing authorities. For there is no authority except from God, and the
authorities that exist are appointed by God. Therefore, whoever resists the authority resists the
ordinance of God, and those who resist will bring judgment on themselves. For rulers are not a
terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good,
and you will have praise from the same.’
While to some it might seem as if they are overstepping boundaries, I do believe that the
enhancement was valid in a way, however I am torn because the actions presented could have
been out of a state of discouragement of the heart and mind. It still followed with actions which
caused harm, so I believe that both God and civil government do have control, and I do believe it
was a proper exercise of civil government. According to the FBI in 2023 there were 10,096
known offenders that committed a hate-crime in the United States. 11,447 single bias hate-
crimes with 13,857 victims and 52.5% being because of race and 22.5% being because of
religion and those being the ones in the top two for percentile and both of those are up from
2022. So, I do believe it is safe to say that while most abide by Natural Law, we can not fully
trust man to abide by Natural Law without having the civil government have full authority over a
man's actions without total chaos. Having the civil government take authority over one's actions
prevents one from committing hate-crimes.
Romans 13:1-7 (Christian Standard Bible)
Wisconsin v Mitchell, 508 U.S 476 (1993)
Genesis 4:12 (Christian Standard Bible)
Herbert W Titus, God, Man and Law: The Biblical Principles
References
Herbert W Titus, God, Man and Law: The Biblical Principles
Romans 13:1-7 (Christian Standard Bible)
Genesis 4:12 (Christian Standard Bible)
Hate Crimes, 2023, https://www.justice.gov/hatecrimes/2023-hate-crime-statistics
https://www.oxfordreference.com/display/10.1093/oi/
authority.20110803095924217
Wisconsin v. Mithchell, 508 U.S 476 (1993) Justia Law
Https://supreme.justia.com/cases/federal.us/508/476
Romans 13:1-7 (Christian Standard Bible)
Wisconsin v Mitchell, 508 U.S 476 (1993)
Genesis 4:12 (Christian Standard Bible)
Herbert W Titus, God, Man and Law: The Biblical Principles