Reply #10: "Hate crime" is just the pop nickname.

[tubbacheez]

(edited for spelling)

The actual statues don't mention "hate" at all. Nor do they mention any particular minority group. No particular emotion need be involved at all.

The laws simply make available additional penalties if prosecutors can prove a crime was "substantially motivated" by certain issues (such as race, religion, sexual orientation, etc.).



Here's a well-encapsulated summary that dispells some popular myths about "hate crimes".

http://dneiwert.blogspot.com/2005/01/should-we-repeal-hate-crimes-laws.html


"First: The principle of proportionality in sentencing is a fundamental aspect of criminal law. Society has always chosen to punish crimes more or less harshly according to the culpability of the perpetrator, particularly the level of harm he inflicts. This is why, in the case of the death of another person, someone may face charges ranging from first-degree murder to third-degree manslaughter.

Take, for instance, the case of an elderly woman smothered in her sleep. If the perpetrator is her nephew eager to collect on his inheritance, then he is likely to face first-degree murder charges and a possible death penalty. If it is a begrieved husband carrying out the wishes of a dying Alzheimer's victim, then prosecutorial discretion comes into play. Which do you think is more worthy of a harsh sentence?

The principle responsible for the difference here is mens rea, or the state of mind of the accused. Mens rea involves both intent and motive. Harsher sentences traditionally have been assigned to crimes committed with intentions and motivations considered more harmful to society at large."

(snip)

"Everyone has a race. Everyone has a creed. Everyone has beliefs about religion. Everyone has an ethnic origin, and for that matter a sexual orientation. As such, the laws are written to protect everyone equally from criminals who select them intentionally because of their racial, ethnic, religious, or sexual identity. There are no "protected classes" or "special victims" per se, only prosecutable motives."









(Personally, I think the catchy nickname causes more confusion than it's worth.)