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In this case, as he argued, both Ebens and Nitz had no prior criminal record and were both employed at the time of the incident.Therefore, the judge reasoned that neither man represented a threat to society.As one Asian American pointed out, "You can kill a dog and get 30 days in jail, 90 days for a traffic ticket." In a second trial, the Justice Department convicted Ebens (the one who actually swung the bat) of violating Vincent's civil rights and he was sentenced to 25 years in prison.Nitz (the one who held Vincent down) was acquitted.Combined with the cultural stereotype of Asian Americans as quiet, weak, and powerless, more and more Asian Americans are victimized, solely on the basis of being an Asian American.

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Justice Alito, filed a dissenting opinion, in which Justice Scalia joined.

One may think that as the Asian American population becomes larger and more integrated into the mainstream American social and political institutions that incidents of anti-Asian racism would occur less often. The last 20 years or so has seen Asian Americans become the fastest-growing targets for hate crimes and violence.

It seems that whenever there are problems in American society, political or economic, there always seems to be the need for a scapegoat -- someone or a group of people who is/are singled out, unjustifiably blamed, and targeted with severe hostility.

Vincent was beaten to death by two White men (Ronald Ebens and Michael Nitz) who called him a "jap" (even though he was Chinese American) and blamed him and Japanese automakers for the current recession and the fact that they were about to lose their jobs.

After a brief scuffle inside a local bar/night club, Vincent tried to run for his life until he was cornered nearby, held down by Nitz while Ebens repeatedly smashed his skull and bludgeoned him to death with a baseball bat.

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