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Notes -
There are different degrees of murder to reflect different degrees of moral culpability. Moral culpability, of course, at the heart of Western ideas of criminal justice. See People v. Sanchez, 98 N.Y.2d 373, 407 (2002) ["This consequence violates a fundamental principle of the criminal law, which seeks to punish defendants in proportion to the blameworthiness of their offense."]. Certain forms of murder are also punished more harshly because they are deemed more dangerous to society, such as, in New York, murdering a police officer, murder for hire, and murdering a witness.
The argument re hate crime enhancements is similar: Those who select victims because of their race, gender, whatever, are deemed more culpable, and in addition "this conduct is thought to inflict greater individual and societal harm." * Wisconsin v. Mitchell*, 508 US 476, 487-488 (1993).
And note that "if you do it to the wrong person" is not the issue; a hate crime enhancement depends on the motive for the crime, not the identity of the victim per se. Note also the races of the victim and defendants in Wisconsin v. Mitchell.
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