Reply #32: I see a huge difference between hate and malice aforethought.

[imdjh]

The reason premeditated murder is a higher crime than a crime of passion is because we take into account the "cold blooded" aspect of the former, the fact that you had plenty of time to reconsider your ACTION and commission of the crime of murder. In the latter, you are presumed to be caught up in passion, or a semi-involuntary state of poor judgement.

When a person is convicted of first degree murder for killing his ex-wife (because she was a total bitch who played custody games) his sentence is not enhanced because he shouldn't think his wife is a total bitch who played custody games, or because we believe we can read his mind and tell his intent to send a message to all women out there or all total bitches out there; his sentence is enhanced because he had time to reconsider his actions and chose to go ahead with the murder.

A better corollary might be laws which specifically address killing a public official or police officer. But while these special laws reflect a greater concern of society for a crime against society, it's not quite the same, because the constitution clearly protects political dissent, it simply doesn't permit one to murder in the pursuit of political objection. The very same constitution protects our right to freedom of speech, and religion and let there be no doubt about what that means. How much more contempt can you have for a group of people than to believe that God hates them, that they are abominations for believing in another god, and that their scripture prescribes death by stoning for the offense?

I simply don't see how hate crimes laws can pass the USSC if they are challenged.