Intent is what's evident according to action. It distinguishes crimes of passion from premeditated crime.
Punishment is not relative according to motivation. It's relative according to what motivation inspires because that's all that can be proven about it without being a mind reader.
You don't need to be a mind reader to establish hate crime. The evidence is always clearly present. This is why they're called 'hate crimes'.
You've not argued against the concept...you're throwing support on, but looking at it through your own bias.
