This is the ONLY reason I can think of to have a Federal hate crime law. Even here, under the doctrine of "separate sovereigns", the Feds could also just prosecute him for murder.
IF I WERE KING, and could draw the homicide statutes from scratch:
All Intentional killings would be presumptively capital offenses.
Provocation would be an Affirmative Defense, to be proven by the Defendant.
In the absence of proof of Any provocation, the death sentence would be automatic.
If Enough provocation were proven, the offense would be reduced by the extent of the provocation, perhaps even to Justifiable Homicide.
In self defense cases, the attack would be the provocation resulting in justifiable homicide, where a reasonable man would defend himself under the circumstances and "detached reflection cannot be demanded in the presence of an upraised knife."
Provocation would have to be something that would provoke the "Reasonable Man", not a bigoted Peckerwood. Thus, race, religion etc would never be considered as provocation.
How say the rest of you?