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If you're saying that the "hate" element isn't an element of the crime as much as the sentencing, I agree. Other than very minor offenses like vandalism, graffiti or littering, and even those offenses usually have more serious charges.

As to jurys, there's the Seattle Jewish Federation shooting. Muslim guy who hates Jews and Israel plans an attack over a period of weeks, purchases weapons, trains with them, secrets them, then carries out his attack, killing one and wounding five. Fifteen counts of various degrees of murder and attempted murder, the jury agreed on only one. First degree murder, not guilty, hung on the rest. Who knows, maybe he'll be tried again one day.

Hate crime, not charged, but the prosecutor did bring it up publicly, which is why he was not charged with various terrorism offences. Lucky for him, those charges would have been federal.