Still arguable, though.
Reasons to pursue the hate crime enhancement:
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Although death is the maximum penalty for the murder, American courts have a long and well established history of giving disproportionately light sentences to killers of minority victims.
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There is value in the official judicial recognition of hate crime for what it is. It makes a public statement of societal condemnation.
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Prosecuting an obvious hate crime is not “political activity” that “isn’t their job”.
