Zhukov said:
I understand all that, and I agree.
I'm merely pointing out that the argument that 'hate crime' statutes shouldn't be implemented because the justice system shouldn't get involved with the "state of mind of the perpetrator" is a bad argument because courts get involved in the "state of mind of the perpetrator" regularly, quite absent the pursuit of the prosecution of a 'hate crime' to begin with.
All I'm saying is if one wishes to get rid of hate-crime legislation one will have to conceive a better argument.
And here I thought I had gone to great pains to explain that state of mind regarding the "why" of the killing is not key to the charge.

There are different "states of mind", and the defintion of murder, for example, does not require that we plumb the depths of the killer's reasons for the killing. As stated before, intent, malice aforethought, and sanity, are what are legally required. Not motive (see definition in my former post).
So I have to disagree with you that hate crime legislation is a mere extension of current law as I believe you have indicated. If you want penalties for hate crimes to be more severe than other (non-hate?!) murder penalties, you may need another reason than the courts already get involved with state of mind.
Hate crime:
"A crime
motivated by prejudice against a social group"
"Hate against people because of their colour, race, religion or ethnic origin. In these kinds of crimes, the act of spreading hate is against the law."
"What is really being punished, as [critics] see it, is a criminal's thoughts, however objectionable they may be. The actions - incitement, vandalism, assault, murder - are already against the law." — Clyde Haberman
In the on-line magazine Slate, Eve Gerber writes, "The definition of a hate crime varies. Twenty-one states include mental and physical disability in their lists. Twenty-two states include sexual orientation. Three states and the District of Columbia impose tougher penalties for crimes based on political affiliation."
These definitions and points indicate to me that there is a lot of subjectivity to the enforcement of this legislation. I do agree that it is wise to provide a strong deterrent to these type of crimes (painted swatiskas on synagogues, burning crosses, dragging a black man behind your truck, etc.), because they have a tendency to cause even more fear and suspicion between ethnic and social groups. I am not sure that adding on penalties based on the perpetrator's motivation is the way.