Originally posted by Convex
At this point, it is quite evident you haven't read the thread fully, refer to this: The biased motivations are not going to be objectively analyzed, and will then be nearly impossible to prove the motivation of a 'hate' crime. Freedom of thought and expression is thus really what is needed to eliminate prejudices, not thought police, for the latter always leads to the worst kind of mass prejudices; which is more dangerous than any individual could be.
I understand your logic, though it is faulty; perhaps it was a bad choice of words on my part, but it is illegal to have certain thoughts, not leading people to believe. I'll take the blame for my poor explanation.
Which of the words are you struggling with and I'll try to help you:
1. precedent
2. precedent
3. precedent
When you claim something is a precedent (i.e. thought policing) you are saying that it is an example that will be referred to for future decision making - which can really only be read one way, the thought policing of hate crime motivations will lead to further thought policing, that doesn't make thought policing of hate crimes itself a bad thing. As for "not reading the thread" I thought it was just permissible to not address erroneous claims like "will [then] be nearly impossible to prove the motivation of 'hate' crime" because we have several methods of proving hate crimes - uncharged misconduct, previous misconduct, testimony and character inference.
Sure there are some flaws that have surfaced over the past three decades, due primarily to relaxed law enforcement regulation (sounds a bit like public schooling in America, shame) and has eased the burden of proof on prosecution where the accused is white and the victim is a minority in order to succeed with more hate crime prosecutions. Yet a shift in the definition of hate crime would be all that's necessary to refocus the statutes that hate crime laws stand for. Due process only goes so far when hate crime laws, in their current manifestation, are a blatant contradiction to the equal opportunity clause.