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-ku- said:

A crime considered particularly heinous for having been motivated by hate for a race, gender, religion, etc. which can result in harsher punishments by statute

 

I think the case here is can be punished harsher. Considering it was a bar the man might have been intoxicated or the homoesexual gentleman had hit back. in either case the defendant's attorney could have argued that it was not beyond a reasonable doubt a hate motivated violence but just a man going into a bar looking for a fight and fighting a man who happend to be gay.

 

Victim is unlucky period but the cross burner was even more unfairly punished with the 12 years thats a bigger shock. I don't think prison time will increase his tolerance of the black community merely embelish it to aggrevated levels while watching Generation X might have taught him a better lesson.

It was a gay bar (not a regular bar), the old gay guy did not hit back, and the criminal yelled homophobic slurs while he was beating his victim. He was also there specifically to pick a fight (after all why would a homophobic staright guy be doing in a gay bar, other than wanting to beat gays up)?



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