[Justaham]

That's my whole point, charge them for the crime they can prove they did, not what they were "thinking" while they did it.

It does not matter what the punks were thinking while they were committing the crime. The thugs beat up the white boy and they should be charged for it. Whether they were thinking negative or positive during the beating is moot and beside the point. Your point is, well, pointless.

[Abathar]

"It does not matter what the punks were thinking while they were committing the crime"

Wrong, what do you think the hate crime charge is for?

Beat up a jerk that happens to be gay and they will charge you with a felony saying you did it because he was gay, not because he was a jerk. They try and prove that you were thinking how much you hated him for being gay while you punched him, not that he deserved it for another reason.