We punish the crimes of murder, kidnap, and battery. Why isn’t that enough? … It strikes me as weird that the mere utterance of a racial slur during a violent act automatically makes it worse. Ta-Nehisi Coates (source, part of this quote is actually Coates citing someone else)
Doesn’t the concept of hate crime imply a punishment of expression and thought? And isn’t it therefore essentially a thought-crime, and as such objectionable to people who cherish freedom of thought and speech? Shouldn’t someone’s convictions and expressions be immaterial to their punishment? And shouldn’t we just focus on what someone did rather than what he or she was thinking or saying when he or she did it?
Not really. Intent, motive and state of mind have always been crucial to punishment, hence the difference between premeditated murder and manslaughter. Killing or hurting someone because of race, gender or sexual orientation is worse than mere killing or hurting, and should incur a more severe punishment because it is meant not only to harm the victim but to terrorize an entire community.