Very generaly speaking I think what is going on through someone's mind is very important to sentencing.
For instance. A guy gets in a fight in a bar and is drunk and takes exception to something said about his girl. He over reacts and punches a bloke in the face. The bloke he his falls down and knocks his head and dies.
Compare this to a guy who goes out and punches a guy in the face for no reason other than the puncher is big and strong and the guy he hits is wak and small. Once the weak guy is down, the big guy keeps hitting him and then stomps his head into the ground, killing him.
I would say the first guy's mtive and intent were greatly different to the second guy's and the community does not necessarily need the same level of protection from a guy who accidentally killed someone versus someone who goes out of their way to kill someone.
I am from Australia and we do not have "hate crime" laws as such. If you assault someone, then you assault someone, and the motives and intent are brought up in relation to that offence. Not that it matters either way, because the sentencing is pathetic whatever the motive.
In my town we have a problem with gangs of Aboriginal youths who roam the streets just looking for fights, generally with any white guy they can find, provided the white guy is alone. They fight twenty to one and once you are down, it is not over. They will stomp on you, kick you and hit you with things. They are savages. I would like to seem the penalised harder than someone who has an argument with their neighbour, and punches him in the face, but for a myriad of reasons, they don't seem to get any penalty, let alone one of a severe nature. The main reason being that they are juveniles and no that the law here is pathetic and they can't be touched. On top of that they also know that the victim's rarely make statements against them for fear of retribution, and if they do we have trouble identifying them due to their numbers and not being able to prove who did what in the melee. Fortunately our town is covered in a network of CCTV cameras, but they know where the cameras are and try and stay out of them.
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