Quote:
Originally Posted by DSTCHAOS
The purpose behind hate crime legislation is to achieve formal legal guidelines for the aggravating and mitigating factors as they pertain to group membership. As opposed to relying on judicial and presecutorial discretion.
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So instead we just rely on prosecutorial discretion in determining whether to apply the standard? And judicial discretion in instructing the jury on how to determine whether the hate-crime 'kicker' penalty should be added?
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