I was interested to know when the term "hate crime" started to be used in legal areas, and found the information in the link included below.
It is interesting to note that the hate crimes are not separate criminal offenses...the offense was a crime regardless of how it is labeled. For example, assaulting someone is a crime...assaulting someone because of their race, religion, creed, or color and letting it be known you are assaulting them because of this purpose could be labeled a "hate crime" and depending on the state, the penalty could be enhanced or could be different because it was a hate crime. It is interesting to note, that rape...a crime mostly against women is, in most states, not labeled as a "hate crime".
A hate crime, whether violent or not (burglary is not a violent crime, but if the burglar burgles because of the victim's creed, religion, color, or sexual orientation, then it is labeled a "hate crime"...sometimes called a "bias crime", which I think is a better definition), is because the perpetrator has a bias against the victim. The bias has to fit within the hate crimes offense as decided on by the state...for example, bias against someone wearing Nike sneakers isn't labeled a "hate crime" whereas bias against someone because they are perceived to be homosexual is labeled a hate crime.
In some cases, I believe labeling the crime a "hate crime" is warranted...the homosexual college student that was killed in Wyoming several years ago should have been labeled and prosecuted as a "hate crime"...but, I also believe the chances that this label will be mis-used or used too much are high.
I believe there are a lot of hate crimes committed and not prosecuted as hate crimes...just because it is extremely hard to prove the motivation for the crime was because of bias...unless the perpetrator announces before, during, or after the offense that it was committed because the person was white, asian, indian, green, Jewish, Muslim, Arabic, homosexual, or some other description that fits with the hate crime definition.
The information below is interesting reading and did give me insight.
http://www.violence.neu.edu/in_the_news ... te_crimes/