KFC-
What defines a crime as hateful? Isn't all crime a crime of hatred?
End of quote
A Hate Crime is when harm has been carried out against someone explicitly because of their race, political or religious affiliation, sexual orientation, etc.
Now, as with all things in life (and you should know this better than anyone else!) there is the letter of the law.... the nuts and bolts... and then there is the spirit of the law.... the intent that the law was created for in the first place.
The intent behind hate crimes legislation is to prevent another holocaust, simply put. Another Rwanda, another Armenian genocide.
If a group of people know that they can murder a fellow because he is Jewish, or Lutheran, or perhaps because he supports the Green party, and have it be treated the same as any other crime, it becomes much easier to promote and foment their movement. Murders and rapes happen every day. Absolutely they're terrible, yes, and need to be prosecuted and investigated to the full extent of the law.
Murders and attacks carried out against someone because of the fact that they belong to a specific cultural, religious, political or racial group however, have the potential of turning into lots of attacks targeted at that group, which then becomes one of the basic ingredients for a genocide.
Now, where things get iffy is in the execution and application of hate crimes legislation. I fully agree that there have been times when the police and prosecutors over-stepped their bounds far beyond reason. But, hate crimes legislation have also done a lot of good, and the real kicker?
They exist for the protection of EVERYONE!
Jewish groups in Canada have had a pretty good record of using hate-crimes laws for their own protection, in situations where, for example, a synagogue might get fire-bombed. Now, that is a blatantly obvious example, it'd be pretty hard for the guys who did it (with swastika tattoos) to say that they just felt like fire-bombing that synagogue for the heck of it. No, chances are pretty good they did it explicitly to target Jews and their faith.
Another blatantly obvious example would be a homosexual fellow dragged behind a truck for a couple of miles and then strung out in a barbed-wire fence in a farmers field. While his murder is no more or less horrific or terrible than any other murder, if it turns out that his killers targeted him because he was gay, then that too is a hate crime.
Where we run into controversy, is, what if his killers had no idea he was gay but actually did it because he owed them money and they wanted to make an example out of him? (as can happen with drug dealers) In this case, the police or prosecutors have to prove that the attack was motivated because of his affiliation with a specific group, and if not, then it's not a hate crime.
At the end of the day, if someone were to break into your home and try to kill you or your family, simply because you are a card carrying member of a political party, are part of a specific religion, or even because of the color of your skin, then that too would be a hate crime being carried out against you.
Ultimately, if discriminatory behavious towards specific groups isn't jumped on by society, it becomes a seed that can bloom into a genocide. In Rwanda, roving gangs of mostly civilians on foot, armed with machetes achieved a greater rate of killing than the Nazis were able to do with their industrialized death camps (It was something like 800,000 estimated killed in less than 100 days)