Quote:
Originally Posted by MysticCat
Aggravating factors are set by statute, just like definitions of crimes are.
Understand, I have no problem with the motivation and goal behind hate crime legislation. In some ways, it's a semantics thing. Where "hate crime" means "sentencing enhancement," I'm all for it. But in those instances where the classification of "hate crime" is proposed as essentially a separate chargeable offense, that's when I have a problem.
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"Aggravating factors" like "targeted because of race, gender, sexual orientation, and religion?" If so, hate crime legislation is redundant. If not, the aggravating factors aren't detailed enough and that's why we have hate crime legislation.
Whatever the semantics may be, hate crimes are essentially a sentencing enhancement because offenses like vandalism and assault carry tougher penalties if they are motivated by hate.
Sorry, T La Rock, LL killed it. 
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