Judges should be relieved of this dangerously powerful obligation and responsibility and only attempt to establish guilt or innocence, thus, sentencing according to the rule of law. There are three inherent dangers in hate crime legislation. The obvious and most discussed is the societal danger of valuing one group of citizens over another. If a perpetrator lives in a world where crimes and punishments are subjective emotions then accountability for emotions are transferred from individuals to the court. When emotion replaces logic in the courtroom, it will do so in the streets as well.
Emotions are a lot harder to prove than actions.
If Texas dragging death victim, James Byrd's, murderers had been charged with a hate crime, there would have been a greater risk that the crime may have been proven, but not the hate. Instead of two death sentences and one life sentence, these three vermin would have been acquitted as the crime charged would not have been proven. It would be great to get rid of hate the same as it would be great to get rid of stupidity, apathy, arrogance, selfishness etc. However, its too subjective and gives way too much power to way too few people. We all know that personal actions dictate personal character.