These misconceptions about the genre have existed since it's very beginnings. In those types of cases, prosecutors are leveraging misconceptions about rap music and anti-Black bias to make an end-run around the rules of evidence," said Lerner. "There is experimental research that shows as soon as you bring in that kind of evidence, the jury is prejudiced immediately against the defendant. It really creates a chilling effect for the artist and has very serious First Amendment implications," said Jack Lerner, clinical professor at the University of California Irvine School of Law.Īfter learning about a case in San Diego where rapper Tiny Doo faced a possibility of life in prison based only off his lyrics and social media posts, Lerner was inspired to write "Rap On Trial: A Legal Guide for Attorneys," along with Charis Kubrin, to help attorneys defend against the use of rap lyrics in criminal proceedings.Ī booking photo of rapper Gunna, whose given name is Sergio Kitchens. They know that juries that aren't familiar with rap music, will essentially rob the rap artist of a fair trial.
"Prosecutors do this because they know it makes their job easy. With minority group members making up just 22% of federal judges, some say it is not surprising that prosecutors focus on rap lyrics by artists of color and never on "Goodbye Earl" by The Dixie Chicks. Nearly half of all states - 22 in total - do not have a single high court justice who identifies as a person of color, including 11 states where people of color make up at least 20% of the population, according to an April 2021 report from the Brennan Center for Justice. In other words, they don't have a clue about rap music and it shows." "The problem here is that America's judiciary tend not to be diverse and they tend to be older. "No one would think of having a mystery writer's book used against him or her in a court of law," Paulson said in an interview.
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"It is a clear violation of the First Amendment to introduce fictional content as evidence against someone accused of a crime," said Ken Paulson, director of the Free Speech Center at Middle Tennessee State University. The first-of-its-kind bill is a monumental leap for the iconic hip-hop artists including Jay-Z, Meek Mill, Killer Mike and Fat Joe who have pushed for its passage after decades of criminal accusations being made in courts solely based on rap lyrics.
Known as the "Rap Music on Trial" bill, the legislation requires lyrics to be proven as "literal, rather than figurative or fictional" when using them as evidence in the state. However, the New York State Senate passed a bill on Wednesday aimed at protecting musical expression.
Some judges have agreed with Willis, such as the ones on Maryland’s highest court who ruled in 2019 that rap lyrics may be admitted in court as evidence of a defendant’s guilt. “The First Amendment does not protect people from prosecutors using it as evidence if it is such,” she said. A bond hearing for Williams has been delayed.Īmong accusations of felony drug possession with intent to sell, armed robbery and murder, the indictment includes details from Young Thug and Gunna music videos and lyrics cited as evidence of their alleged association with the Bloods-affiliated gang Young Slime Life, or YSL, which is also the abbreviation for their record label, Young Stoner Life.įulton County District Attorney Fani Willis said at a news conference that the First Amendment is “one of our most precious rights,” but added that it didn’t apply in this case.
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On Monday, a judge denied bond for Kitchens and has set his trial date for Jan. The two popular Atlanta artists, whose given names are Jeffery Lamar Williams and Sergio Kitchens, respectively, were among 28 defendants charged with conspiracy and street gang activity on May 11, under Georgia’s Racketeer Influenced and Corrupt Organizations Act.īoth men remain in police custody. ATLANTA (CN) - Musical expression, a protected form of free speech, continues to be used by prosecutors to charge rap artists with crimes, including in the recent high-profile arrests of Young Thug and Gunna.
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