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RE: There is no such thing as hate crime
Interesting post, and very informative and comprehensive in its content. You make some valid legal points, but law must adapt to social development and expectations. Hate motivated crime is an evident reality. The legal system is adapting and responding to an ongoing process of social change, law is never in a state of frozen development.
Adaptive law is dangerous in my opinion based on what has happened culturally and legally recently. We see the police not responding to violent crime, even when it happens in front of them because they are told to stand down (or any other number of reasons including fear). This reflects adaptions that do not support common people. I argue, the laws on the books are enough. Just use and enforce them. If you are hit with a brick, it doesn't matter if the individual hitting you hates your preferences or origins, it only matters the action that he took in terms of hitting you with a brick. That is the punishable act, not their hatred of you for any reason.