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Originally Posted by alyasa
Actually, that's exactly what they're doing... It is the nature of law that everything must be set in stone for it to even be dealt with properly. Any single point in law is a valid arguable point, if you have the cajones to argue it, of course. Therefore the neccessity to install a law that differentiates between the nature of the crime, to facilitate sentencng that takes into account the motives. Otherwise, judges cannot just pluck sentences and mete out punishment from thin air, without the legislation that forms the framework already in place...
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This is exactly why judges have latitude on sentencing in order to take into account motive, mitigating circumstances etc
The judiciary has always argued, rightly in my opinion, against having sentencing tariffs imposed on it as these tend to come from politicians on a knee jerk reaction to a headline
Politics and law should always remain separate, so called hate crime laws are nothing more than political interference in the judiciary in order to obtain votes