Just to be clear: With the concept of “hate crime” you have left the realm of objective reality. “Hate” is an emotional state. There is no objective way to measure an emotion. At best, it is a process of sef-identification. Also, evolutionary behaviorists connect emotional states to genetic and physiological processes. With this in mind, try to make objective legal sense out of “hate” crime. You can’t. Consider these examples.

I assault you, but I have psychotic tendencies and my emotional state is neutral. I have no “hatred” whatsoever.

If my hatred is a product of genetic or physiological processes, then to “blame” me for “hate” crime would be like blaming me for having blue eyes.

If I am married to someone of a different race, and I verbally abuse him/her, can I be charged with “hate” crime?

What if I lash out at someone who shares the same religion as me, but is a member of a different denomination? Could a Presbyterian be charged with a “hate” crime because the victim was Methodist?

What if I lost my temper with someone who is a different race, but I spoke against him/her because he/she was a jerk, and it had nothing to do with race?

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