| sethnintendo said:
Main point I am trying to make is that the person can get their ass kicked for many reasons or a crime might be committed that wasn't really intentionally hate motivated and to charge them with hate crime felony charges is unjust. |
I stopped reading after that word. Commiting a crime unintentionally leads to totally different legal outcome. There is no such thing as an unintentional hate crime. Like MrBubbles said, you can't accidentally hate someone.
You should also know that prosecuters rarely try to charge someone with a hate crime if they don't have solid evidence that the primary motive was hate. A hate crime is all about the motive, not about the act or who the victim is. Beating up someone who is black isn't a hate crime, if all you wanted was to steal his wallet. Similarly, beating up a straight guy because you think he's gay and you hate gay people is still a hate crime.
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