result is not the only one criteria to judge with.
intention and motivation are also very important, cuz murder commited in affective state is not equal to the maniacal behaviour in the second case.
motive is important, cuz it helps to predict/prevent the same crimes in the future. also, to my mind, there are cases where revenge deserves justification.
who is the fire starter? and who shot in response? - these are important questions
maniac who kills just cuz he wants to kill (does not like fags, asians or whites) is more dangerous for other people, cuz there are big chances that he will repeat his crime again, cuz his motive is always actual: there are still a lot of whites, fags and asians in the world. he is more dangerous to society.
the possibility that first guy will kill someone else is low, cuz the circumstances under which he committed his crime were very specific, and there is no pathological desire to kill in his nature.
that's why, I think, they deserve different levels of punishment and different level of conviction.
You got
that right...
There are...many different levels of charges...and those levels only define the crime(s), the process determines guilt or innocence, and in many circumstances the sentencing is determined by a judge who considers the evidence and gives the actual sentence.
This is why mandatory sentences are often inappropriate, with less discretion allowed in sentencing...also allowing for the appeals process guarding against too low or too high a sentence.
Hate crimes, unfortunately, are a can of worms. Like having a good idea that no one could find anything wrong with, sounded good... and going for it. (remember New Coke?)
Then, when the reality of the human situation met the specific Offense Multipliers known as "hate" crimes, it became obvious how 1) the hate in an asshole asskicking someone random 'cause they were looking for someone to asskick, and a "-----" just came along 2) isn't the same as an asshole going out looking for a "-----" to asskick.
The law has degrees of offense that give a potential of serious time for
either perp, but a hate crime can be used to go after specific people and is a can of worms we really don't wanna open.
We don't need Hate Crime Offense Multipliers.
Most crime is hating and/or hateful, and extenuating circumstances can at least be acknowledged through the process of charges brought, and sentence handed down by a judge. There are juries that determine sentence...pending the final decision of a judge.
Hate crime is unnecessary and a very slippery slope, it can be seen in other countries how crazy it can get.
(Recently in GB an English girl was charged with a hate crime for asking to join an English speaking discussion group in her school, instead of one where they were not English speakers (originally)...considered a racist act and she was charged.)
Yeah, I don't think hate crime charges are a good idea...!