‘It’s tantalising evidence . . . . but you’ve got to look at the wider picture’: Rap music as evidence in joint enterprise cases

Abstract

This article explores the growing trend of using rap lyrics and music videos as evidence in criminal trials and considers the discriminatory implications of such practice. Drawing on qualitative interviews with 43 police staff (officers and civillian investigators) and lawyers experienced in investigating, prosecuting or defending cases of serious violence, it focuses on instances where ‘joint enterprise’ (or secondary liability in criminal law) has been invoked to charge and prosecute groups of individuals. The findings reveal that despite legal safeguards designed to prevent prejudicial use of such evidence, its application persists in serious youth violence cases in which secondary liability is used to convict black and brown young men. Our research indicates the use of rap audiovisuals in court encourages jurors to view this content as autobiographical evidence of gang affiliation, bad character, criminal intent and complicity which could compromise the principle of due process.