I can't speak for the US but in the UK, society does not disaprove of hate crime more than other crime, it's not a crime itself, it's an aggravating factor ontop of the basic crime. So a simple common assault has a penalty, if that assault was caused by the offender's dislike of Asian people, it would attract a higher punishment. That's because the law believes that the message "this society dislikes crimes against minorities and would like it to stop" needs to be heard.
This isn't quite right. You're correct about the motivation behind the introduction of racially aggravated offences, as the justifications offered in Parliament were mostly about 'sending a message'. However, hate crimes are not just an aggravating factor - the Crime and Disorder Act (1998) created new offences for racially motivated crimes. There's a long debate on the topic from the House of Lords in 1998
here on Hansard. I haven't read the whole thing, but the main argument as to why to create a new offence rather than rely on treating racial motivation simply as an aggravating factor (which had been done in the UK long before 1998), other than simply 'to send a message', was offered by Lord Ackner:
quote:
By relying upon the racial motivation purely as an aggravating aspect, it becomes merely part of the background and not part of the offence itself. Moreover, as part of the background, it may hardly emerge at all during the trial of the substantive offence. When it does emerge relative to sentencing, there may be the complication of an issue as to the seriousness arising therefrom. By making it a separate offence, it would be the members of the jury who would make all the relevant findings; by keeping it merely as aggravation, you are mixing up the functions of the judge and the jury. I assume that the Government take the view that, in the particular circumstances, that is not the desirable way of dealing with the matter.