re: #245 Obdicut
Well, given that hate crimes are a different charge, not something that comes in at sentencing, I’d agree. They are irrelevant to the sentence. They are a separate charge to be proved.
As to them being a legal fiction— I think there’s a good reason why a swastika painted on the side of a Jewish household is different than just a random spray tag.
You don’t?
take up the matter in sentencing where it belongs, not the trial