hate crimes--punishment based on motives?

I've been thinking about it lately... is it fair to punish so-called "hate crimes" more harshly than "regular" crimes? Who decides when it becomes a hateful crime? Is it less wrong to commit a crime with non-hateful intentions? Are "hate crimes" mere political jargon? If so, then why and to what end?

Now you be the judge. Which crime is worse?

Burning a church because the pastor offended you or burning a church because they are Christians?
Assaulting a man because he did not return the money you loaned him or assaulting a man because he is gay?
Slashing someone's tires because she is dating your ex or slashing someone's tires because she is black?
Shooting a child because she was in the way of your drive-by or shooting a child because she is Muslim?

And who determines what is hateful? Is it hateful to believe that homosexuality is wrong? When does hating become a crime in itself? Where do you draw the lines? Is putting a Koran in a toilet a hate crime? It has been charged as one. Is putting a Bible or the Book of Mormon or the Talmud in a toilet a hate crime? Is a crucifix in a jar of urine a hate crime? No, Piss Christ is a "work of art." 

So who determines what is a hate crime? What do you think?