BurntOrange:
While I am generally skeptical of separate crimes for “hate crimes,” I disagree with your basic premise that motivation is irrelevant the severity of the criminal act. To use your example, you seem indicate that unjustified homicide as always murder. In fact, the legal systems in most states have historically distinguished unjustified homicides based largely on the “motive” or intent of the killer. Whether distinguished by first or second degree murder, or voluntary homicide vs murder, the actual criminal statutes make these separate crimes.
With respect to “hate crimes” this distinction seems unnecessary because judges or juries can and should take into account aggravating factors about a defendant’s motives. For example, most people would more severely punish someone who killed because he was motivated by racial hatred than someone who killed because the victim had slept with his wife.
I could persuaded to support hate crimes if data existed that showed it actually reduced this type of crime, but I think this arises more from “feel good” legislation, which should be rejected if unsupported by real data.
