Hate Crime Legislation

[Eilonnwy]

This is something that doesn't belong in legislation. There's a reason we have judges. If someone assaulted someone because they were drunk and at a rowdy party, it's completely different from someone assaulting someone else because they are black. A judge can recognize this, and sentence someone accordingly.

I'm not sure I follow. Wouldn't the judge choosing a more harsh sentiment for the black being punched over the drunk being punched be exactly what hate crime legislation is for?

Then again, there is sort of a maximum and minimum judgement for punishment, and I think hate crime legislation would either require the maximum or tack on more punishment for the guy who punched the black.

Either way someone is still making a judgement call on the motivation of a crime, in essence the thought behind it, and giving you a punishment for it.