. And then, if we are punished, it should be for the overt action, and not for what is our head.
Agreed - but, what of crimes such as 'conspiracy', or attempted murder, or indeed fraud? Don't these run on intent?
There is to me something peculiarly obnoxious about violent crimes done because of the victim's colour, or race, or gender, or whatever, and I think the law is trying to reflect this especial nastiness. I suppose it comes because of the 'randomness' of the crime - it's not motiveless, precisely, but there's no motive against the victim as such - they are dehumanised.
It's hard to put into words... hence, perhaps, the 'hate' classification. I don't truly like such being treated as special crimes, but I think that a 'hate-based' murder (etc.) is even nastier than a murder with genuine motive, because it's so impersonal. |