What about the case of the nazi who spray paints a swastika on a building at EMU? Nothing you said about the hate specification being pointless because of "fully punishable" would apply to that scenario. That guy might get some community service or something for vandalism but clearly not unable to punish more.
Furthermore, why should this be treated as mere vandalism when it was clearly more than that? Because in a completely different case the person was already sentenced to 800 years? Because in a completely different case it was too hard to prove? Isn't charging w/ crimes that are provable, and not overcharging, exactly what a prosecutor is supposed to do?
Maybe I'm misunderstanding - are you merely against the hate crime stuff in the Buffalo case, or in all cases? Many of your arguments seem to be based on the situation where the nazi is already pretty much going to be maxed out on punishment but that's not the only situation where hate crimes legislation applies, right?
Instructional value/make a statement were your words not mine. I said laws reflect what we tolerate as a culture per Durkheim. I did say it "tells" people that we as a culture do not tolerate, and many laws clearly do that. I'm not sure exactly what you mean by an argument that seems to be that laws don't instruct the citizenry on what is tolerated - they clearly do that.