v**********m
发帖数: 5516 | 1 华人得先保证被当国民看待，然后才能有左右之分。
那个杀人凶手Ronald Ebens （http://en.wikipedia.org/wiki/Ronald_Ebens）现在还在las vegas逍遥。那个犹太法官Charles Kaufman（http://en.wikipedia.org/wiki/Charles_Kaufman_%28judge%29）自由自在的活到84岁，2004年才死翘翘。
=======================
陳果仁
Vincent Jen Chin
出生 1955年
中华人民共和国廣東省
逝世 1982年6月23日
美国密歇根州底特律
籍贯 美国
职业 工業繪圖師
配偶 未知
陳果仁（1955年－1982年6月23日），美籍華人。1982年6月23日，在美國密歇根州底特
律的飛地高地公園郡（Highland Park）被克萊斯勒公司一名車間主管羅納德·艾班斯
（Ronald Ebens）及其繼子邁克爾·尼茲（Michael Nitz）利用棒球棍毆打致死。雖然
這兩名男子認罪，但法官Charles Kaufman （http://en.wikipedia.org/wiki/Charles_Kaufman_%28judge%29）卻輕判了這起謀殺案 （该法官言论These weren't the kind of men you send to jail... You don't make the punishment fit the crime; you make the punishment fit the criminal），由此引發了民眾大規模的不滿和抗議。因為兩名兇手利用棒球棒毆打陳果仁的行為非常符合仇恨罪的定義。[1]
1979年，由於日本汽車公司的衝擊，底特律的汽車製造工業陷入低谷，不少工人被解雇
，其中就包括邁克爾·尼茲。因而造成了底特律汽車工人對日本人的仇恨，而最先遭受
到種族歧視的卻是美籍華人，陳果仁在生前便收到了有關種族歧視的警告。[2]在美國
亞裔族群的抗議下，這件案子的焦點轉變成羅納德·艾班斯（Ronald Ebens）和邁克爾
·尼茲（Michael Nitz）對陳果仁公民權利的侵犯。迫於壓力，美國聯邦法院在州法院
審判之後再度審理了這起謀殺案（但还是没有把杀人凶手关进监狱）。因此有評論認為
，陳果仁謀殺案引發了全美亞裔族群
人士的泛民族運動。
Murder of Vincent Chin
From Wikipedia, the free encyclopedia
Jump to: navigation, search
"Vincent Chin" redirects here. For other uses, see Vincent Chin (
disambiguation).
Vincent Jen Chin[1] (simplified Chinese: 陈果仁; traditional Chinese: 陳果仁
; pinyin: Chén Guǒrén; May 18, 1955 – June 23, 1982) was a Chinese
American beaten to death in June 1982, in the enclave of Highland Park,
Michigan, United States in Greater Detroit. The perpetrators were Chrysler
plant superintendent Ronald Ebens and his stepson, Michael Nitz. The murder
generated public outrage over the lenient sentencing the two men originally
received in a plea bargain, as the attack, which included blows to the head
from a baseball bat, possessed many attributes consistent with hate crimes.
Many of the layoffs in Detroit's auto industry, including Nitz's in 1979,
had been due to the increasing market share of Japanese automakers, leading
to allegations that Chinese American Vincent Chin received racially charged
comments before his death.[2] The case became a rallying point for the Asian
American community, and Ebens and Nitz were put on trial for violating Chin
's civil rights. Because the subsequent Federal prosecution was a result of
public pressure from a coalition of many Asian ethnic organizations, Vincent
Chin's murder is often considered the beginning of a pan-ethnic Asian
American movement.[3]
Contents
1 Homicide
2 Legal history
2.1 State criminal charges
2.2 Federal civil rights charges
2.3 Civil suits
3 Legacy
4 Documentaries
5 References in popular culture and other
5.1 In popular culture
5.2 Other
6 See also
7 References
8 External links
Homicide
On the night of June 19, 1982, a fight ensued at the Fancy Pants strip club
on Woodward Avenue in Highland Park where Chin was having his bachelor party
. The group was thrown out and after a heated exchange of words subsequently
parted ways. Ebens instigated the incident by declaring, "It's because of
you little motherfuckers that we're out of work!" referring to U.S. auto
manufacturing jobs being lost to Japan, despite the fact that Chin was not
Japanese.[2] Ebens and Nitz searched the neighborhood for 20 to 30 minutes
and even paid another man 20 dollars to help look for Chin,[4] before
finding him at a McDonald's restaurant. Chin tried to escape, but was held
by Nitz while Ebens repeatedly bludgeoned Chin with a baseball bat. Chin was
struck at least four times with the bat, including blows to the head. When
rushed to Henry Ford Hospital, he was unconscious and died after four days
in a coma, on June 23, 1982.
Legal history
State criminal charges
Ronald Ebens was arrested and taken into custody at the scene of the murder
by two off-duty police officers who had witnessed the beating.[5] Ebens and
Nitz were convicted in a county court for manslaughter by Wayne County
Circuit Judge Charles Kaufman, after a plea bargain brought the charges down
from second-degree murder. They served no jail time, were given three years
probation, fined $3,000 and ordered to pay $780 in court costs. In a
response letter to protests from American Citizens for Justice, Kaufman said
, "These weren't the kind of men you send to jail... You don't make the
punishment fit the crime; you make the punishment fit the criminal."[6]
Federal civil rights charges
The verdict angered the Asian American community in the Detroit area and
around the country.[7] Journalist Helen Zia and lawyer Liza Cheuk May Chan (
traditional Chinese: 陳綽薇; simplified Chinese: 陈绰薇; pinyin: Chén Chuò
wēi) led the fight for federal charges, which resulted in the men being
accused of two counts of violating Chin's civil rights, under Section 245 of
Title 18 of the United States Code. For these charges, it was not enough
that Ebens had injured Chin, but that "a substantial motivating factor for
the defendant's actions was Mr. Chin's race, color, or national origin, and
because Mr. Chin had been enjoying a place of entertainment which serves the
public." [8] Because of possible mitigating factors that could lead to
reasonable doubt, such as intoxication leading to the defendant's inability
to form the specific intent,[9] the prosecution's proving the evidence of
uttered racial slurs were not self-sufficient for conviction.[10] In
addition, the defense found Racine Colwell, the witness who overheard the "
It's because of you motherfuckers we're out of work" remark, to have
received some clemency on a jail sentence for a prostitution charge, which
suggested that the government may have tried to cut a deal for her testimony
.[11]
The 1984 federal civil rights case against the men found Ebens guilty of the
second count and sentenced him to 25 years in prison; Nitz was acquitted of
both counts. After an appeal, Ebens' conviction was overturned in 1986—a
federal appeals court found an attorney improperly coached prosecution
witnesses.[12]
After a retrial that was moved to Cincinnati, Ohio due to the publicity the
case had received in Detroit, a jury cleared Ebens of all charges in 1987.[
13]
Civil suits
A civil suit for the unlawful death of Vincent Chin was settled out of court
on March 23, 1987. Michael Nitz was ordered to pay $50,000 in $30 weekly
installments over the following 10 years. Ronald Ebens was ordered to pay $1
.5 million, at $200/month for the first two years and 25% of his income or $
200/month thereafter, whichever was greater. This represented the projected
loss of income from Vincent Chin's engineering position, as well as Lily
Chin's loss of Vincent's services as laborer and driver. However, the estate
of Vincent Chin would not be allowed to garnish social security, disability
, or Ebens' pension from Chrysler, nor could the estate place a lien on
Ebens' house.[1]
In November 1989, Ebens was forced to reappear in court for a creditor's
hearing, where he detailed his finances and reportedly pledged to make good
on his debt to the Chin estate.[14] However, in 1997,[15] the Chin estate
was forced to renew the civil suit, as it was allowed to do every ten years.
[1] With accrued interest and other charges, the adjusted total became $4,
683,653.89.[15]
Sometime after the murder, the Fancy Pants strip club was permanently closed
and subsequently torn down.[16]
Legacy
Vincent Chin's mother, Lily Chin
The attack was considered by many a hate crime,[2] but pre-dated hate crime
laws in the United States. Nevertheless, during a 1998 House of
Representatives hearing on the Hate Crimes Prevention Act of 1997,
Congressman John Conyers, Jr. suggested that the problem in making people
sufficiently aware of the causes for and injustices of the Vincent Chin case
was that it was a political "hot potato" that did not get picked up for "
political reasons" with respect to the automobile industry.[17]
Chin's case has been cited by some Asian Americans to support the idea that
they are seen as not fully citizens or "perpetual foreigners" compared to "
real" Americans.[2][7][18] Chin's mother, Lily Chin, stated: "What kind of
law is this? What kind of justice? This happened because my son is Chinese.
If two Chinese killed a white person, they must go to jail, maybe for their
whole lives... Something is wrong with this country."[19]
In September 1987, not wanting to be reminded of her son's tragedy, Vincent
Chin's mother, Lily Chin, moved from Oak Park, Michigan, back to Guangzhou,
China, where she had grown up. She returned to the United States for medical
treatment in late 2001 and died on June 9, 2002. Prior to her death, Lily
Chin had established a scholarship in Vincent's memory, to be administered
by American Citizens for Justice.[20]
Documentaries
Who Killed Vincent Chin?. Documentary by Renee Tajima and Christine Choy
. Nominated for an 1989 Academy Award for Best Documentary.[21]
Vincent Who?. 2009 documentary written and produced by Curtis Chin and
directed by Tony Lam.[22]
References in popular culture and other
In popular culture
In The New Twilight Zone episode, "Wong's Lost and Found Emporium", the
murder of Vincent Chin is given as the final reason for the main character's
loss of compassion.[citation needed]
Because They Thought He Was is a sculpture by Consuelo Echeverria. It is
a life size depiction of the incident made from forged steel auto parts.[6]
In 1998, a play based on the case, Cherylene Lee's Carry the Tiger to
the Mountain, was performed at the Contemporary American Theater Festival in
Shepherdstown, West Virginia.[23] The West End Theatre in Manhattan
performed the play in June 2007 as part of the first National Asian American
Theater Festival.[24]
Chin is referenced in the Blue Scholars' song "Morning of America."[1]
Allusions were made to the incident in the 1989 comedy Collision Course,
starring Jay Leno and Pat Morita.
Other
In 1983, Lily Chin appeared on The Phil Donahue Show to bring public
attention to the case.[citation needed]
The 2001 book A Day for Vincent Chin and Me by Jacqueline Turner Banks
is about a Japanese American child's efforts to slow down the traffic on a
residential street in Kentucky, while his parents form a local protest in
support of the Chin case.[citation needed]
See also
Portal icon Metro Detroit portal
Portal icon Asian Americans portal
Portal icon Discrimination portal
Portal icon Criminal justice portal
Yoshihiro Hattori
Lyon Wong
Hate crime laws in the United States
References
^ a b c Henry Yee and the Estate of Vincent Chin (deceased) vs. Ronald
Ebens, Michael Nitz, and Fancy Pants lounge, 83-309788 CZ (Mich 3rd Cir 1983
).
^ a b c d William Wei (2002-06-14). "An American Hate Crime: The Murder
of Vincent Chin". Tolerance.org. Retrieved 2007-03-14.
^ Alethea Yip. "Remembering Vincent Chin". Asian Week. Retrieved 2007-03
-14.
^ Bedi, Sheila (2003). "The Constructed Identities of Asian and African
Americans: A Story of Two Races and the Criminal Justice System. Havard
Blackletter Law Journal. 19, 181 – 199
^ Weingarten, Paul (July 31, 1983). "Deadly Encounter". Chicago Tribune
^ a b Helen Zia (2000). Asian American Dreams. Farrar, Straus & Giroux.
ISBN 0-374-14774-4.
^ a b C.N. Le. "Asian-Nation: Anti-Asian Racism". Asian-Nation.
Retrieved 2007-03-14.
^ Defendant's Requested Jury Instruction No. 30, U.S. v. Ebens
^ Defendant's Requested Jury Instruction No. 18, U.S. v. Ebens
^ Defendant's Requested Jury Instruction No. 31, U.S. v. Ebens
^ U.S. vs. Ebens transcript, Tuesday, June 19, 1984, p.209-211
^ US. v. Ebens, 800 F.2d 1422 (U.S. App. 6th Cir. 1986).
^ US. v. Ebens, 654 F. Supp. 144 (E.D. Mich. 1987).
^ Finkelstein, Jim (November 30, 1989). "The Man Convicted In Chin Case
Pledges To Make Good On Debt". Detroit Free Press: pp. 1B
^ a b Paul Dufault, Temporary Person Representative of the Estate of
Vincent Jen Chin, Deceased, vs. Ronald M. Ebens, 97-727321-CZ (Mich 3rd Cir
1997).
^ 13300 Woodward, Detroit Cross-Index Directory 1984, 1987
^ United States House of Representatives. "Hate Crimes Prevention Act of
1997. Hearing". U.S. Government Printing Office. Retrieved 2007-03-14.
^ Frank H. Wu. "Asian Americans and the Perpetual Foreigner Syndrome".
Archived from the original on 2007-09-28. Retrieved 2007-06-14.
^ Iris Chang. The Chinese in America: A Narrative History. Viking, 2003.
0-670-03123-2. p. 320>
^ "OCA Mourns Death of Lily Chin". Organization of Chinese Americans.
Retrieved 2007-03-14.
^ "Multicultural Studies: Who Killed Vincent Chin?". Filmakers Library.
Archived from the original on 2006-10-20. Retrieved 2007-03-14.
^ Vincent Who? entry at Internet Movie Database
^ "Race and the Performing Arts". NPR Morning Edition. July 20, 1998.
^ "Carry the Tiger to the Mountain". National Asian American Theater
Festival. Archived from the original on 2007-08-14. Retrieved 2007-08-17.
External links
US v. Ebens appellate ruling
American Citizens for Justice (ACJ) homepage
American Citizens for Justice (ACJ) blog
American Citizens for Justice (ACJ) Facebook page
AsianWeek article
Vincent Who? (2009) - Official Movie Site
Vincent Chin page at McMurder.com
VincentChin.net
Partial transcripts from Who Killed Vincent Chin?
Dr Frank H. Wu. Opening Lecture at The 5th Annual Conference in
Citizenship Studies: Boundaries, March 27-29, 2008, Wayne State University
Thirty years since the murder of Vincent Chin | z****e
发帖数: 54598 | 2 不让你当国民的是民主党人
知道kkk是谁搞出来的吗？ | c*****2
发帖数: 899 | | g***y
发帖数: 1268 | 4 这个case最大的问题，不是法官，因为Circuit Judge不是终审。对于sentencing有疑
问，在appeal可以得到改变。
最大问题的是prosecutor. 是prosecutor和罪犯cut the deal 把murder II减为
Manslaughter, 显然也没有appeal.
我猜主要原因是prosecutor的boss是DA, DA是elected official or political
appointee. 民意是驱动DA和prosecutor的最大动力。这才是这个悲剧的主因。
所以这也是一个权利的问题。在prosecutor 出现之前，是victim自己或家属请lawyer
。为了救济穷人，保障公平，政府把这个个人的权利剥夺，用政府资源来做这件事。理
论上政府应该是公平无私的，但是在这个例子里面，我们看到政府的作用就像妓女，价
高者得。
怎么解决这个问题？ 政府应该给victim或家属权利选择使用prosecutor或自己的
lawyer. 这样这个悲剧就不会发生。
我们回到拥枪的例子。理论上，当人民放弃拥枪自卫的权利是，政府应该公平无私的保
护每一个公民，但是显然政府的属性决定了这不可能发生。所以枪就象私人的lawyer一
样，是保卫自身权利的必要手段。
【在 v**********m 的大作中提到】
: 华人得先保证被当国民看待，然后才能有左右之分。
: 那个杀人凶手Ronald Ebens （http://en.wikipedia.org/wiki/Ronald_Ebens）现在还在las vegas逍遥。那个犹太法官Charles Kaufman（http://en.wikipedia.org/wiki/Charles_Kaufman_%28judge%29）自由自在的活到84岁，2004年才死翘翘。
: =======================
: 陳果仁
: Vincent Jen Chin
: 出生 1955年
: 中华人民共和国廣東省
: 逝世 1982年6月23日
: 美国密歇根州底特律
: 籍贯 美国
| c**********d
发帖数: 2428 | 5 Well said, bravo!
lawyer
【在 g***y 的大作中提到】
: 这个case最大的问题，不是法官，因为Circuit Judge不是终审。对于sentencing有疑
: 问，在appeal可以得到改变。
: 最大问题的是prosecutor. 是prosecutor和罪犯cut the deal 把murder II减为
: Manslaughter, 显然也没有appeal.
: 我猜主要原因是prosecutor的boss是DA, DA是elected official or political
: appointee. 民意是驱动DA和prosecutor的最大动力。这才是这个悲剧的主因。
: 所以这也是一个权利的问题。在prosecutor 出现之前，是victim自己或家属请lawyer
: 。为了救济穷人，保障公平，政府把这个个人的权利剥夺，用政府资源来做这件事。理
: 论上政府应该是公平无私的，但是在这个例子里面，我们看到政府的作用就像妓女，价
: 高者得。
| g***y
发帖数: 1268 | 6 想了想感觉把刑事起诉权保留给个人，是有弊端的。因为受害者家属可能被凶手收买，
私下和解。
所以国家剥夺刑事起诉权有一定道理。
lawyer
【在 g***y 的大作中提到】
: 这个case最大的问题，不是法官，因为Circuit Judge不是终审。对于sentencing有疑
: 问，在appeal可以得到改变。
: 最大问题的是prosecutor. 是prosecutor和罪犯cut the deal 把murder II减为
: Manslaughter, 显然也没有appeal.
: 我猜主要原因是prosecutor的boss是DA, DA是elected official or political
: appointee. 民意是驱动DA和prosecutor的最大动力。这才是这个悲剧的主因。
: 所以这也是一个权利的问题。在prosecutor 出现之前，是victim自己或家属请lawyer
: 。为了救济穷人，保障公平，政府把这个个人的权利剥夺，用政府资源来做这件事。理
: 论上政府应该是公平无私的，但是在这个例子里面，我们看到政府的作用就像妓女，价
: 高者得。
|
|
