[SJackson]

I don’t understand the problem. Ok, so If a violent crime is committed because of the mentioned prejudices, then they will book it as a hate crime. During an investigation, they usually look for motive. If it is obvious or there is admission that a violent crime was commited against someone because that person was gay, then it seems like a hate crime to me. Am I missing something? Can you give me some feedback on this. Do you see it this way too?

Essentially that's how "hate crime" laws work on a state level, basically they up the penalty based on motivation. Personally I think they're unnecessary in most instances, but motivation is a reasonable component of sentencing since it relates to the liklihood of recidivism.

Two problems with this law.

First, violent crime is a state issue and all states have addressed it. The federal government is overreaching.

Second, the Federal statute defines a second unique crime. If someone breaks a gays nose, and the judge in your state sentences him to 6 months, a federal prosecutor who might feel that's not enough can then charge him in federal court with a second criminal violation for the same act. By definition that decision will be made capriciously.

There's simply no problem here to be addressed on a federal level, the states are handling these things just fine.

[HollyB]

I understand better now. Thx again for taking the time to explain the details to me. It’s always a pleasure reading your posts, SJackson.