Quote from: M2MtF2FtM on July 13, 2011, 07:20:46 AM
Hate crimes are a way to bring the public up to date with the changes in society like the anti discrimination laws for black people that were and are still needed across the usa to help educate the masses.
Statutes do nothing meaningful towards educating the public. Hell, they hardly educate the attorneys who have to work with them day in and day out...I see that on a regular basis with drug-free zones and other specifically-crafted provisions of Texas law. And then I have to work to undo the damage done by some idiot who was appointed on the case and had no clue what they were doing. In other cases, I look through a file and see that the prosecutor screwed a case up and wound up with no conviction because they went only for a top-count hate crime instead of taking the REAL offense which was assaultive in nature.
Time and again, we see appellate opinions that basically hold that problems exist with attempting to discern thought and then punishing that very thought...
It would be FAR better to just go back to a system where if you assault, batter, rape, or otherwise harm someone, then you get charged with the appropriate level of offense specific to the underlying ACT itself (ie. the assault, battery, rape or other harm).
Trying to make an offense fit into a check-box of the rationale is just something to make people feel better about having been a victim of crime...