Speaking from the legal perspective, I never really understood the value of adding time for someone's motive. In criminal cases, motive is not part of the case. I don't understand why you should bring in some other idea to specific cases categorized as "hate" crimes.
That's wishful thinking. Of course motive is part of every prosecution. If you kill someone for money, you are getting a harsher sentence.
Crimes are not usually acts of love, so people shouldn't get too confused. If there is a specific action you would like to increase a penalty for, I think that's fine. Like in Virginia, we have Project Exile and the like, you commit a crime and have a gun on you, you sit an extra five years.
I'm not quite sure why the continued offense at protecting people who are victimized. White people aren't a suspect class. Gays get targeted. Blacks get targeted.
Again, I don't understand why anyone would be bothered by their being protected... unless of course, like some of the people who love chiming in on this issue, (not you) they are happy to see them victimized.
But, if you are punishing a specific action with more time, I think it should serve a "compelling state interest" like punishing people who use firearms when they commit a crime. If the action is merely obnoxious, I wouldn't see it as a compelling interest. There are many things that are obnoxious and offensive.
Of course it serves a "compelling state interest". It keeps trash from victimizing people for the race or sexuality...
if someone kicks the bejesus out of a white guy, while saying "die, you white... so and so...." they're going to be prosecuted for a hate crime, too.
That's my take anyway. If you are not satisfied with the level of punishment you give a certain crime, then increase it across the board.
we're going to disagree on that one.