Raw on Nostr: Aight. Criminal law does absolutely pay attention to the mental element of a ...

Aight.
Criminal law does absolutely pay attention to the mental element of a criminal. (Mens Rea as it is called). Without intention of crime there can be no crime. I mean not metal element is taken into consideration it is an necessity of a crime.
There are already crimes that are distinguished depending on the mental element. Premeditated murder is different than murder (manslaughter) at least carries diff punishment.
Saying assault is assault is like saying theft is theft, whether you stole 5 sats or a heart which was about to be transplanted. You see crime is very dependent on the situation, mental conception and the 'injury' caused to the SOCIETY. Criminal law is law because you have committed crime against not a person but society. Society values the right of the oppressed (here in you eg black person) more that it values your right of property.

P.S the last point is not the main point it is 1 of the point.

Absolutely good points on your thing I had to think quite a lot actually.