Hip-hop on trial: When can a rapper's lyrics be used as evidence in a criminal case?
McDaniel, who uses the social media handle TheBiggestFinn4800, had previously been considered a person of interest in the case.
- McDaniel, who uses the social media handle TheBiggestFinn4800, had previously been considered a person of interest in the case.
- Lawyers have used rappers’ lyrics as evidence in criminal cases since shortly after the rise of gangsta rap in the late 1980s.
- In fact, researchers at the University of Richmond documented at least 500 cases from 2009 to 2019 where rap lyrics were introduced as evidence in criminal trials.
Rap lyrics as criminal evidence
- If prosecutors can show that a rapper’s lyrics establish motive, intent or identity related to an alleged crime, then most judges will allow for the evidence to be used.
- But case law regarding using rap lyrics as evidence of a crime can vary from state to state, and judge to judge.
- In 2014, the New Jersey Supreme Court found that the introduction of a defendant rapper’s lyrics should not have been admitted into evidence, because the lyrics were general in nature and did not demonstrate motive or intent.
Criminalizing Black artists
- During the trial, the defendant rapper claimed he was not aware of the contents of the suitcase.
- As a result, allowing a rap artist’s lyrics to be used as evidence of a crime risks weaponizing an art form dominated by Black and other people of color.
- As it is, Black Americans are already incarcerated in state prisons at nearly five times the rate as white Americans.
Protecting artistic expression
- In recent years, lawmakers in California and New York have sought to limit the use of rap lyrics in evidence of criminality.
- In July 2022, Democratic Rep. Hank Johnson of Georgia introduced the Restoring Artistic Protection Act, or RAP Act.
- The federal legislation aims to limit the admissibility of artistic expression as evidence.
Case for caution
- The probability of prejudice against defendants who are rappers in any scenario, unfortunately, in 2023 is still too high.
- Prohibiting the use of lyrics can help ensure that not “one innocent suffer.”