Rap on Trial

Abstract

In criminal proceedings across the United States, rap music lyrics are being introduced as evidence of a defendant's guilt. In this article, we draw attention to this disturbing practice, what we call ''rap on trial,'' and explore its context, describe its elements and contours, and consider its broader significance. We first offer historical context, demonstrating that although the widespread use of rap lyrics in criminal trials may be a relatively recent phenomenon, it resides within a long tradition of antagonism between the legal establishment and hip-hop culture, one that can be traced back to hip-hop's earliest roots. We then offer examples of recent cases in which rap music has been used as evidence in trials against amateur rappers, almost all of whom are young men of color, in order to illustrate the specific ways that prosecutors present the music to judges and juries, as well as to highlight the devastating effects it can have on defendants. In the final section, we consider the elements of rap music that leave it vulnerable to judicial abuse and the artistic, racial, and legal ramifications of using this particular genre of music to put people in jail. We conclude with recommendations for further research in this area, pointing out specific areas where scholarship would most effectively expose what it means to put rap on trial.Keywords criminal trials, rap music, hip hop, bias in the criminal justice system, race and public opinion, race/ethnicity, critical race theory 187, 187 it's murder nigga. (Mind of a maniac!) No dreams when I murk the nigga.200 shots out the drop top. Watch me work the shots.

Rap music, race, and perceptions of crime

“…Regardless of rap music's origins, one thing is readily apparent: Rap music has had a contentious relationship with the criminal justice system and, more broadly, the public. Scholars who study rap document when record stores have been prohibited from selling rap albums (Blecha, 2004;Crenshaw, 1991;Dixon & Linz, 1997), when rap concerts have been canceled by local authorities (Blecha, 2004;Hyman, 2015), and when prosecutors have used rap lyrics as confession evidence in criminal trials (Calvert, Morehart, & Papdelias, 2014;Dennis, 2007;Hirsch, 2014;Kubrin & Nielson, 2014;Powell, 2009).…”

“…In the past decade, rap lyrics are increasingly being introduced as evidence in criminal trials, with prosecutors often using the lyrics to characterize rappers as criminal offenders who are writing about their violent and illicit exploits in the form of music lyrics (Calvert et al, 2014;Dennis, 2007;Hirsch, 2014;Kubrin & Nielson, 2014;Powell, 2009). For example, Larry Yellin, a senior prosecutor for the Orange County District Attorney's Office, contends that rap lyrics can be useful evidence because they may illuminate whether a defendant had intent or motive to commit a crime (Puente, 2015).…”

“…Research has documented how rap videos posted on YouTube often emphasize or exaggerate a rapper's capacity for lethal violence (Harkness, 2014b;Lauger & Densely, 2018;Lozon & Bensimon, 2017;Patton, Eschmann, & Butler, 2013), with some noting that the videos "sell the image of the violent gang member to the audience" (Lauger & Densley, 2018, p. 826). In sum, presenting lyrical accounts of a rapper's willingness towards violence and crime has become critical to ensuring success in the industry (Kitwana, 1994;Kubrin & Nielson, 2014), a demand arguably rooted in America's racial histories, politics, and ideologies (e.g., Hooks, 1994;Kitwana, 2005).…”

“…As some have suggested, existing negative stereotypes about rap music may, in fact, act as a proxy for anti-Black biases (Butler, 2004;Dunbar & Kubrin, 2018;Kubrin & Nielson, 2014;Stoia et al, 2017). To address this concern, scholars have begun examining how rap lyrics activate stereotypes related to race more broadly, that is, beyond stereotypes of rap music.…”

Rap jako muzyka tożsamościowa: od czarnego getta do polskiego pop-nacjonalizmu

“…Chris E. Kubrin, Erik Nielson oraz Lily Hirsch -analizujący przebieg procesów poszlakowych, w wyniku których już kilkudziesięciu raperów-amatorów skazano na wieloletnie kary więzienia lub karę śmierci -dowodzą, że wyroki te wydano jedynie na podstawie literalnej interpretacji "ulicznej" poezji (Kubrin & Nielson, 2014;Hirsch, 2014). 6 Apogeum zainteresowania afrocentryzmem obserwowano na przełomie lat 80. i 90.…”