[quote name='fanskad']Of course, no crime would ever be committed if there wasn't some form of intent. Even manslaughter requres "reckless disregard" or, assumed intent.[/quote]
Okay, I'm with you so far.
[quote name='fanskad']The crime is not intending to start a panic, it is assualt. Assualt is a threat, IE a statement that "I am going to kill you".[/quote]
This is in reference to the "prank call" versus "bomb threat" comparison; I'm not sure what you're saying here.
[quote name='fanskad']A better analogy would be, I shot person X because he was eating butter pecan ice cream. I despise anyone who eats butter pecan ice cream. I shoot person Y because he's got $2000 in his pocket. The outcome is the same, two people are dead. Why is what I was thinking at the time important?[/quote]
People can choose to eat butter pecan ice cream; people can choose to eat it in their own home. Other characteristics, such as race, simply cannot be hidden (i.e., they are 'immutable' characteristics). Sexuality can be argued either way (in terms of visibility); on the other hand, it is argued to be also immutable (though many disagree with that sentiment). I don't want to conjure up rational choice here, but the difference in intent is clear - what you stand to gain by murdering the second person ($2000) versus the first (not $2000).
I also wouldn't place intent in the time frame of occurring within the moment of criminal activity; I expect very few people have an epiphany that reveals some group they hate, which spontaneously compels them to murder. Criminal intent that is labeled as a "hate crime," by necessity, involves a lenghty process of identifying salient characteristics of the focused group, rationales developed as to why they are subordinate, and how to reduce their influence in your lives. Certainly, many other crimes involve much planning, but few involve risking so much (in terms of court and prison sanctions) for so little gain (one less butter pecan eater).
[quote name='fanskad']Why? Why is it any more heinous that I kill someone because they are Jewish, Black, Gay, or whatever, than I kill someone because I want what is in their pockets?[/quote]
The immutable thing again.
[quote name='fanskad']I fail to understand what you're trying to say here.[/quote]
I research in corrections, and the type of mentality you favor exists within prisons (regarding equality of sanctions). The short answer: Sentence lengths have become so long and cumbersome that the difference between 15 years and 20 years is a moot point for convicts. Those who hate been convicted of hate crimes serve slightly longer sentences than those who were convicted of similar crimes, but without the "hate" label, clearly. However, due to the constant pressure of politicians and policymakers to "get tough on crime," out prison system has created a "revolving door policy" for itself. The short story is that, because it's politically viable to *increase* sentences (show me a politician not named Kucinich who thinks we should *reduce* sentence lengths), people are spending longer in prison; in addition, prison overcrowding is a corollary of that (and the war on drugs). We have a population that spends so long in prison that all they know upon release is "prison." (if interested, do some research on the "prisonization effect"). Upon release, they continue to 'serve time,' as they cannot find a job or a place to live (labeled as a 'felon' on applications). The pressure to reenter the world of crime is enormous, due to the constraints that our society places on people in and out of prison. Long story short (too late), if our policymakers gave a flying

about how prisoners were treated (*rehabilitated*) while incarcerated, the problem would be greatly reduced (but *never* eliminated).
I'm in favor of greatly reducing sentence lengths and implementing rehabilitation for prisoners, to reduce the "revolving door" issue; this includes "hate crimes," though I remain convinced that they should still serve longer (or receive highly specific rehabilitation programs) than others of comparable crimes. Reducing sentence length is most certainly *not* a popular position, but it makes perfect sense for people who have a grasp of how poorly deterrence theories of corrections have worked.
myke.
...focusing on individual-level rehabilitation makes the need for an understanding of intent to be even greater, and the emphasis placed there.