The Legal Implications of Rap Music in Court

Introduction

Music has been a powerful tool in society due to its ability to pass information. Over the years, music has been used for various reasons in society. It has been used not only as a source of entertainment but also as a source of information about the various issues around it. In the United States, rap music has been considered one of the radical music due to its nature of lyrics and the message they pass about the social, political, and economic issues happening in the country. The genre is considered a source of violent lyrics that are perceived to cause negative thoughts and emotions that can lead to the development of aggression.

Some rap artists have used critical information in their songs which admit being involved in crimes or explaining the occurrence of various events or intentions to undertake activities that can be used as evidence in critical cases. Therefore, the use of rap lyrics as evidence in court violates artists’ freedom of expression as such lyrics are produced through creativity and not a form of confession or portrayal of artists’ intentions.

History of Rap Lyrics and Its Utilization in Court

In past decades, blacks have used rap music to communicate the various issues they experience in American society. Rap music has been a tool to criticize the government and the legal system which was used to discriminate against minority groups in the United States. The music developed in the south Bronx in the 1970s as a response to the increased impacts of poverty, gang violence, unemployment, and isolation of blacks from mainstream American society.¹

Pioneers of the genre developed it to end gang violence in the country, which was presumed to have significant impacts on the blacks, who were mostly victims of discrimination from law enforcers. Music development made gang life as competitiveness and territoriality become something artistic and productive. The music became popular at block parties when the DJs began isolating the persecution breaks, disco songs, and soul and extended them. Music was considered to have a significant impact on society as it was used to radicalize the community in terms of the various issues affecting people.²

Rap music was perceived to have content that significantly impacted society. The rappers used the music to advocate for the various things that happened in the country. The emergence of rap music had varied aspects as it also influenced the lifestyle that people maintained in society due to the various themes that the songs addressed.³ While some rappers used the music to speak against the various evil aspects experienced by the community, others contributed significantly to aspects such as gang violence, suicide, drug abuse, and inappropriate sexual behaviors.⁴

The lyrics of rap songs were considered to pass radical information that had numerous influences. Since the music is uncensored, the rappers could provide critical information about the various aspects of society, including how criminal activities were executed and how the members observed criminal activities. Such music told stories of events that sometimes are presumed real, although they could not be proven.

In the 1980s, rap music took a new turn after the development of rap battles where the different rap gangs involved physical conflicts as the members of the gangs were involved in physical battles, which developed hatred among the different gang groups.⁵ The battles involved physical cranks where the rappers used their music to send messages of hatred and fearlessness.⁶

Studies on the impact of rap music show that music shifted to physical battles between prominent groups during this time.⁷ During the 1980s rap battles emerged between the East Coast and the West Coast. Rap artists such as Ice-T and Schoolly D were the leaders on the respective sides.⁸ Such actions are presumed to lead to the development of gangster rap, mainly focused on violence.⁹ Such lyrics and themes were perceived to play a critical role in developing a violent environment and the lifestyle of the blacks.¹⁰ The emergence of rappers such as Biggie and Tupac also enhanced the battle between the West and East Coast.¹¹ The two artists are presumed to introduce the battle to the mainstream American audience.¹²

The advancement of rap music to the mainstream American audience led to a turn of events in how the music was developed and the various issues they addressed about the environment. The late 1980s and the 1990s experienced a shift in music from addressing society’s social and economic problems and started producing lyrics that talked about shooting people and being a gangster.¹³ Such a change led rap music to be all about violence. The process created controversy in American society about the censorship of the music, as the music influenced the behaviors of the youths in the country negatively since they would relate to its lyrics.¹⁴

The period is linked to the development of music with a no-nonsense attitude which highly magnified crime and everything that represented a gangster.¹⁵ These themes were evident in Dr. Dre’s album Chronic, which was considered one of the most influential albums, with the author being considered among the most creative artists of that time.¹⁶ As the music outlined, the killing events were considered to be unethical and hurt society.¹⁷

The radical nature of the music continued in the 2000s and 2010s when the country experienced sheer dominance of contemporary hip-hop.¹⁸ Artists like Jay Z and Eminem brought the music together in the 2000s.¹⁹ Their influence on the music showed their disposition toward the negative aspect of the music as they created music that expressed their dissatisfaction with crime life, drugs, rape, and murder as was depicted in most rap music.²⁰

The music took a new turn leading to the development of other small genres that advocated for other small themes in American society. ²¹Some rap artists advocated against violence and others continued pushing themes of gun violence and gangster lifestyle.²² The continued gang rivalry caused the deaths of more rappers who were leaders of different gang’s rap battles.²³ The killing of rappers throughout the history of rap songs is considered to provide significant evidence that the things contained in the rap lyrics reflected the things that happened in society.²⁴ Rappers like Tupac are presumed to be victims of the rap gangs, which were actively engaged in intergang battles. ²⁵

Over the years, various cases have been presented in court where the lyrics are used as evidence in the cases they are facing.²⁶ Most of these cases are linked with young black and Latino men, mainly rap artists.²⁷ Criminal charges have been placed on many people who are presumed to be members of rap gangs and who are linked to criminal activities and murder cases due to their perceived affiliation to such groups.²⁸

This aspect is linked to issues where the lyrics in a given song are presumed to match with criminal events causing the artists to be implicated and sentenced despite the lack of clear evidence linking them to the crimes.²⁹ Investigation into the matter has shown that over 500 hundred similar cases exist.³⁰ The prosecutors are presumed to have used rap lyrics as evidence against the defendants in the last three decades.³¹ It is presumed that the surge for such cases started increasing in the 2000s when the authorities started using information from the internet on amateur rappers and when the law started a crackdown on gang units.³²

The use of lyrics in court was first experienced as early as 2000 in the case of Mac Phipps who was accused of a murder that happened in a club where he was performing.³³ His song’s lyrics, which mentioned killing and pulling a trigger were used against him during his trial.³⁴ The lyrics “Murder, murder, kill, kill’; ‘Pull the trigger, put a bullet in your head” were used as evidence in the killing of a 19-year-old experienced in Slidell, Louisiana, where they performed.³⁵ Mac Phipps was charged with murder despite the lack of physical evidence that linked him with the event.³⁶ Such an aspect has since then drawn a lot of controversy behind the use of lyrics in court cases as most individuals believe that they are part of creativity and do not necessarily mean the rappers are involved in the events.³⁷

Most people feel that such lyrics may coincide with real events or be used to victimize rappers and judge them wrongly.³⁸ The rapper was sentenced to thirty years in prison although there existed a man who claimed the murder.³⁹ Another example is rapper Tekashi 6ix9ine’s testimony against the Nine Trey Gangsta Bloods cast as shown in in Figure A.

The utilization of radical lyrics is considered to provide critical information on the various activities that rappers engage in, which was presumed to have evidence of events that are considered illegal.⁴⁰ Crime investigators have, in recent years, started linking rap lyrics to crimes happening in society.⁴¹ Such lyrics provide information about the various criminal activities especially involving the killings of people of color or rap artists who are considered part of the different rap gangs.⁴² The use of lyrics in court hearings was first experienced in the late 1980s and 1990s during the times of artists Live Crew, Shyne, and Snoop Dogg despite the lack of successful conviction of the artists. Such cases show that lyrics have been used in the past three decades.⁴³ The pursuit of lyrics as court evidence continued until 2000 when the Mac Phipps became the first rapper to be implicated due to the use of violent lyrics, which were linked to the killing of Barron Victor Jr. The case was presumed to open doors to a series of other cases which led to the development of similar cases.

The use of lyrics in court trials is discussed in the book Rap on the Trial. It shows how different rap artists have found themselves in danger after some lyrics in their songs have been linked to criminal activities despite having inadequate evidence.⁴⁴ An example of such radicalized lyrics is evident in Johnny Cash’s song, where he states, “I shot a man in Reno just to watch him die,” which was considered a confession of a crime.⁴⁵ Such lyrics have been used as revelations by the artists on their crimes.⁴⁶ The use of such lyrics is presumed to have led to the imprisonment of several amateur rappers who have found themselves on the negative side of the law for their utterances in their songs. The lyrics often suggest the artist’s affiliation with different gangs has been perceived as proof of intent and crimes committed or as a demonstration of the artist’s violent character.⁴⁷ Such strategies have been used to implicate artists like Snoop Dogg in the 1990s and others such as Drakeo the Ruler and 6ix9ine Takeshi in 2018 and 2019, respectively.

In recent years, different states have been pushing for using rap lyrics in court trials as they are presumed to have information that could be used as evidence in a court hearing. Studies on the contents of the various lyrics from rap music are presumed to have critical information about events that are considered illegal and which are considered to provide information about criminal activities that happen in society and end up unnoticed. ⁴⁸The use of rap lyrics has raised a lot of controversy on how the information provided in such songs would be used as evidence despite the lack of factual evidence linked to the occurrence of actual cases. Such issues are presumed to lead to the development of imprisonment of the wrong individuals based on information used in songs that would be merely an aspect of creativity.⁴⁹ The use of violent hip-hop lyrics as evidence in courts is presumed to experience a lot of criticism as it is presumed to violate the First Amendment rights of the defendants as they are presumed to misunderstand the hyperbole commonly used in such songs.

Using lyrics as a source of evidence is considered a misuse of judicial power. This evidence has been used against individuals who have not committed any crimes. Such aspects have been evidenced as some rappers have been sentenced to jail terms for being accused of having intentions to commit crimes despite the lack of physical evidence linking them to the cases.⁵⁰ This aspect is evident in the case of Vonte Skinner, an aspiring rapper, who was convicted in 2008 of attempted murder. The case was based on the violent lyrics that Skinner had written earlier in his singing career, which were highly used during the hearing of his case.⁵¹ Such a case is presumed to lead to the development of varied opinions on how the lyrics used in such songs do not always represent the actual activities the individuals undertake. Although Skinner was accused of shooting and paralyzing a drug dealer in 2005, he admitted being on the scene but denied being involved in the incident.⁵² The main evidence that strengthened the case against Skinner was the availability of violent lyrics found in his car.

The use of such lyrics as evidence has also been considered to be highly discriminatory. Studies on how such cases have been undertaken in a highly racialized manner. Research on such cases shows that most of such cases are linked to blacks.⁵³ Since rap music is a genre of music linked to blacks, most of the artists involved in producing such music are black. Rap music is considered a cultural heritage of the blacks, and most feel proud to be associated with it. Due to this, only blacks are perceived to be involved in such cases. Studies show that hundreds of people of color are wrongly convicted through such lyrics as there is solid evidence linking them to the cases they are accused of.⁵⁴ The existence of many such cases shows how such lyrics had been discriminatory and used as a tool by law enforcement to incriminate the blacks who are perceived to be a threat to society. Such aspects have pushed for the development of new legislation in different states to curb the increasing implication of rappers based on the lyrics in their songs.

The Prevailing State of the Use of Lyrics as Court Evidence and the Law

The use of rap lyrics as evidence in court has received varied reactions from the members of the legal and political environments, which are on the front line in pushing the development of new laws that would be used to govern how such information could be used. Most of the Protestants of such cases show that the use of lyrics has been linked to mistrials where the defendants are perceived to be wrongly prosecuted. Such issues have raised concerns about using such lyrics as evidence, as they have led to the misrepresentation of facts and not the actual representation of the character of individuals. In most cases, the jury is presumed to lack the ability to link the lyrics to the various cases they are accused of. Such aspects are presumed to raise questions on whether singing about something means that the individual has the intention to do so or is involved in doing such things. The existence of varied opinions on the issue has influenced different states to develop laws that will guide on whether the lyrics of a song can be used as evidence.

It is presumed that rap lyrics are protected under the First Amendment as free speech. The amendment gives individuals the freedom to express themselves through songs. Rap lyrics in courts are perceived to be too often applied in cases involving black men.⁵⁵ Introducing such expression in courts is presumed to secure convictions for crimes linked to cases that attract long jail terms. Most people perceive the use of rap lyrics in court cases as an unfair treatment of the artists, where the songs are not treated as a form of art that individuals can use to express themselves. Such aspects are considered to be an inherent incrimination of evidence. Due to this reason, different stakeholders have engaged in practices that are considered to play a critical role in ending racial bias from influencing criminal proceedings. Such issues have pushed many states to make amendments that would be used to protect the rights of individuals, especially blacks, who are the main victims of such cases. The new legislation aims to prevent states from sentencing or convicting people on grounds of race, national origin, or ethnicity.

California is among the states that have taken a bold step to deal with the use of rap lyrics in court as they are racially biased and undermine the expression rights of blacks. The Racial Justice Act in 2020-AB 2542, passed by the ACLU of North California, is among the recent legislations to deal with similar issues. ⁵⁶Based on such law, if a judge, prosecutor, or witness uses racially coded language during a court proceeding or exhibits a racial attitude, intentionally or not, the defendant has the right to file a motion to challenge the verdict or conviction. ⁵⁷It also gives defendants the right to challenge a case if racial disparities exist in the sentencing or charging. Such a law plays a critical role in the elimination of cases where rappers, who are mostly blacks, are charged using rap lyrics.⁵⁸ The law is considered a breakthrough, especially for black inmates. Most cases involve artists who have been wrongly prosecuted in the state as they can appeal to repeal their sentences, as most of the cases involve using lyrics as part of the evidence.

Another law challenging the use of music lyrics as evidence in court hearings was signed in California, where Governor Gavin Newson signed the Decriminalizing Artistic Expression Act Assembly Bill 2799. The act is presumed to restrict the use of rap lyrics as evidence in California courts.⁵⁹ The bill is presumed to end the long history of using lyrics in courts linked with the exercise of racial bias in the criminal justice system. ⁶⁰The previous legislation that allowed the use of rap lyrics on convictions was linked to the development of confusion in the judicial system as it has been linked to mistrials and wrongful convictions of rap artists, mostly black. The new legislation provides critical clauses that will hold racially biased prosecutors accountable and prevent them from criminalizing artists due to their artistic expressions. ⁶¹Such a law is considered a great step in the right legal direction as it has given artists and the creative community victory to express themselves without fear of being incriminated for the utterances made in their songs.

My Perspective

Based on the various issues linked to using rap lyrics in courts as evidence, the process violates the First Amendment as it denies the rappers the freedom of expression. The use of lyrics to judge the characters of people is inapplicable as rap is a literary genre where individuals can use creativity to develop fictional songs that would be used to represent different aspects of society. An analysis of most rap songs shows that they highly use hyperbole which can be misquoted, leading to wrongful conviction, which is against human rights.⁶² In addition, most cases that are presumed to use rap lyrics are assumed to be racially biased as most of the individuals with similar cases are blacks and other minority groups. I support the application of statutes like the Racial Justice Act which prohibits states from convicting individuals on a racial basis. The statute bars the state from securing or seeking criminal conviction or imposing a prison sentence on an individual based on race or ethnicity which helps in guiding people’s behavior towards fairness.⁶³ Such statutes enhance the attainment of justice since the issue of rap lyrics is racially biased.

The existence of complaints about the wrong imprisonments linked to such cases shows how the aspect had caused varied reactions from the different members of society. Most people believe it is illegal to use such evidence in a court of law. Due to this reason, laws should be amended to make illegal the use of such lyrics as evidence in courts. The lack of a federal law to protect the country against such issues and promote equality makes the situation worse and more challenging for minority groups most affected in society. Due to this reason, there is a need for the passing of a universal bill that will be applied across the country prohibiting the use of rap lyrics in courts as the process is prejudiced.

Conclusion

Generally, lyrics should not be used as evidence in law courts as they do not provide factual information. Although rap music has a negative reputation, it also plays a critical role in advocating for the rights of blacks. The development of rap music is presumed to be a product of the various challenges that the blacks experienced in their communities where they ought to use music to advocate for change in society. Due to this reason, the rap songs contained radicalized information that would be used to influence the community members to fight for their rights. The development of rap gangs is presumed to engage in physical violence and shooting among rival gangs, which did not mean that all rap artists were involved in such incidents. The passing of new state legislation shows that lyrics should not be used to convict individuals without physical evidence, as they are just products of creativity like any other art form. Therefore, the different states should be on the frontline to develop policies that protect their citizens from discrimination, especially the artists convicted for expressing themselves and exercising creativity.

References

Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, 85–102. Web.

Dunbar, A. (2018). Art or confession?: Evaluating rap lyrics as evidence in criminal cases. Race and Justice, 10(3), 320–340. Web.

Gamble, S. (2021). Individual empowerment in rap and metal music listening. How Music Empowers, 41–65. Web.

Levin, S. (2022). When rap lyrics are used against you in court: ‘They silenced me for 21 years. The Guardian. Web.

NBC. (2022). California restricts use of rap lyrics in criminal trials after gov. Newsom Signs bill. NBCNews. Web.

Oware, M. (2018). Content analysis of underground rap artists’ lyrics. SAGE Publications Ltd. Web.

Owusu-Bempah, A. (2022). Prosecuting rap: What does the case law tell us? SSRN Electronic Journal, 1(1), 1-25. Web.

Rosen, J. D., &Kassab, H. S. (2019). Drugs, gangs, and violence. Palgrave Macmillan.

Sripathi, V. (2021). Bars behind bars: Rap lyrics, character evidence, and State v. Skinner. The Journal of Gender, Race & Justice, 24(1), 207–232. Web.

Tegge, F., & Coxhead, A. (2020). Pop culture in language education: Theory, research, practice (1st ed.). Routledge.

Thacher, C. (2021). Prosecutors used rap lyrics as evidence in a murder trial; that’s racial bias: ACLU of Northern Ca. ACLU of Northern California. Web.

Viator, F. A. (2020). To live and defy in La: How gangsta rap changed America. Harvard University Press.

Supreme Court Cases

State v. Skinner, 95 A. 3d 236 – 2014

State v. Phipps, No. 2001 KW 2171-2007

Statutes

Decriminalizing Artistic Expression Act Assembly Bill 2799

Racial Justice Act in 2020-AB 2542

Footnotes

1. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence. Palgrave Macmillan, p. 23.
2. Gamble, S. (2021). Individual empowerment in rap, p. 64
3. Oware, M. (2018). Content analysis of underground rap artists’ lyrics, p. 14.
4. Gamble, S. (2021). Individual empowerment in rap, p. 64.
5. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence, p.15
6. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence, p.15
7. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence, p.16
8. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence, p.16
9. Oware, M. (2018). Content analysis of underground rap artists’ lyrics.
10. Rosen, J. D., & Kassab, H. S. (2019). Drugs, gangs, and violence, p.15
11. Oware, M. (2018). Content analysis of underground rap artists’ lyrics.
12. Oware, M. (2018). Content analysis of underground rap artists’ lyrics.
13. Viator, F. A. (2020). To live and defy in La: How gangsta rap changed America. Harvard University Press, p, 24.
14. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
15. Viator, F. A. (2020). To live and defy in La: Press, p, 24.
16. Viator, F. A. (2020). To live and defy in La: Press, p, 24
17. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
18. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
19. Oware, M. (2018). Content analysis of underground rap artists’ lyrics.
20. Viator, F. A. (2020). To live and defy in La: Press, p, 24.
21. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
22. Viator, F. A. (2020). To live and defy in La: Press, p, 24.
23. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
24. Viator, F. A. (2020). To live and defy in La: How gangsta rap changed America. Harvard University Press.
25. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
26. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
27. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
28. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
29. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
30. Levin, S. (2022). When rap lyrics are used against you in court: ‘they silenced me for 21 years
31. Levin, S. (2022). When rap lyrics are used against you in court: ‘they silenced me for 21 years
32. Levin, S. (2022). When rap lyrics are used against you in court: ‘they silenced me for 21 years
33. Levin, S. (2022). When rap lyrics are used against you in court: ‘they silenced me for 21 years
34. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
35. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
36. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
37. Diallo, D. (2019). Intertextuality in rap lyrics, p, 88.
38. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
39. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
40. Diallo, D. (2019). Intertextuality in rap lyrics. Collective Participation and Audience Engagement in Rap Music, p. 86.
41. Diallo, D. (2019). Intertextuality in rap lyrics, p. 89.
42. Dunbar, A. (2018). Art or confession?: Evaluating rap lyrics as evidence in criminal cases. Race and Justice, 10(3), 325
43. Levin, S. (2022, September 3). When rap lyrics are used against you in court: ‘they silenced me for 21 years
44. Levin, S. (2022, September 3). When rap lyrics are used against you in court
45. Dunbar, A. (2018). Art or confession?, p. 325.
46. Levin, S. (2022). When rap lyrics are used against you in court
47. Dunbar, A. (2018). Art or confession?, 10(3), 326
48. Levin, S. (2022, September 3). When rap lyrics are used against you in court
49. Tegge, F., & Coxhead, A. (2020). Pop culture in language education: Theory, research, practice (1st ed.). Routledge, p. 24
50. Sripathi, V. (2021). Bars behind bars: Rap lyrics, character evidence, and state v. Skinner. The Journal of Gender, Race & Justice, 24(1), p. 215
51. Sripathi, V. (2021). Bars behind bars, p. 220
52. Sripathi, V. (2021). Bars behind bars, p, 229
53. Dunbar, A. (2018). Art or confession?: Evaluating rap lyrics as evidence in criminal cases. Race and Justice, 10(3), 330
54. Dunbar, A. (2018). Art or confession?: Evaluating rap lyrics as evidence in criminal cases. Race and Justice, 10(3), 337
55. Owusu-Bempah, A. (2022). Prosecuting rap: What does the case law tell us? SSRN Electronic Journal, p. 18
56. NBC. (2022). California restricts use of rap lyrics in criminal trials after gov. Newsom Signs bill.
57. Owusu-Bempah, A. (2022). Prosecuting rap, p. 15
58. Thacher, C. (2021, September 28). Prosecutors used rap lyrics as evidence in a murder trial; that’s racial bias: ACLU of Northern Ca. ACLU of Northern California.
59. Decriminalizing Artistic Expression Act-law Assembly Bill 2799
60. NBC. (2022). California restricts use of rap lyrics in criminal trials after gov. Newsom Signs bill.
61. Thacher, C. (2021). Prosecutors used rap lyrics as evidence in a murder trial
62. Tegge, F., & Coxhead, A. (2020). Pop culture in language education: Theory, research, practice (1st ed.). Routledge.
63. Racial Justice Act in 2020-AB 2542