Rap Facts or Fictional Narratives: How Prosecutors are Using the Creativity of Hip-Hop Artists Against Them

Abstract

The author of this Comment surveyed the lyrics of many current hip-hop artists, along with many articles and novels, to find just how popular and prevalent crimes are in in the hip-hop industry. Research led to the finding that the industry of hip-hop has become commercialized. Court transcripts of cases involving various hip-hop artists were used in order to exploit the path prosecutors take when seeking to admit evidence of defendant-authored lyrics. For many years now, prosecutors have had their way when bringing cases against defendants who happen to also be musical artists. Specifically, prosecutors have been able to maneuver their way around the Federal Rules of Evidence by admitting music videos and lyrics written by the defendant into trial. From putting a theoretical cap on the careers of artists in the hip-hop industry, to the belief that rappers actually engage in all the behavior that they write about in their lyrics, this Comment illustrates the dangers and biases that are reinforced when prosecutors are allowed to partake in this underhanded practice. While evidence of the defendant’s conduct is generally inadmissible, when using the evidence to prove something other than character, such as intent, motive, or as a confession, the evidence is often deemed admissible. Throughout my research, it was found that while some prosecutors often attempt to admit the character evidence for a reason such as motive, the underlying outcome is what they are actually after, to present the character of the defendant in a bad light. Once a jury hears lyrics of a defendant detailing how he “kicks in doors” or “catches bodies” or watches a music video in which the defendant plays a role in a murder, the character and reputation of the defendant is tarnished for the remainder of the trial. For reasons explained in this Comment, the author purposes that the determination of admitting lyrics or music videos of the defendant into trial become more in-depth by using lyrical experts and making the inquiry into the realism of the lyrics being offered more critical.