The second edition of Rap on Trial: New legislation and emerging national issues have led to the creation of A Legal Guide on matters touching on the admissibility of rap lyrics in court. This valuable reference work was first co-authored in the year 2021 by Jack Lerner, a clinical professor of law at the University of California, Irvine, and director of the UCI Intellectual Property, Arts, and Technology Clinic with Charis Kubrin, is a UCI professor of criminology, law, and society, this gives fundamental direction on First Amendment rights and racism in criminal trials of musicians. Several enhancements were made to this edition by the law students of the IPAT Clinic, through their hard work in research, writing, and editing.
In this manner, Rap on Trial provides solid support and guidance to the legal profession, the public, and policymakers in figuring out the multifaceted issues related to artists’ constitutional First Amendment rights, freedom of speech, and the utilization of rap music lyrics as legal evidence in criminal trials. This guide becomes a comprehensive reference work for lawyers engaged in cases related to rap evidence at any phase of the criminal process including investigation, trial, and sentencing. It entails the description of some of the rapping norms that a lawyer and/or juror may not understand, the synthesized empirical studies on rap and bias, as well as an examination of the legal and constitutional issues of admissibility of the lyrics in the context of a trial. Furthermore, the guide includes a set of cases that are related to the rap evidence and database of the briefs and appellate courts.
“As we show in this new edition of Rap on Trial: A Legal Guide, the media prepares a hostile perception towards rap artists and their music,” Lerner said. “The recognition of rap lyrics in a courtroom leverages this history.
In doing so, the rule of law may be violated along with the rights to free speech and race; hence, we’ll highlight some strategies in this update to continue combating this egregious practice.
Kubrin further said, “Our keen need to update the guide was further boosted by compliments from attorneys across the United States who were keen to explain to us how much the guide has assisted them with their cases.”
Building on version 1. 1, and includes new sections and updated content in response to changes in the law and society’s views. The guide now examines the effects of the aforementioned “cappin” disclaimers in rap songs; comes with a cautionary note on the term: “gangsta rap”; digs into a new law in California aptly referred to as the Law on Rap Lyrics and the California Racial Justice Act. However, what is perhaps more important for understanding the Rap on Trial cases, the present edition touches on the matter of implicit bias, giving directions to the attorneys of how to minimize it if found in a case.
Recent Legislative Developments
In 2022, resulting from the bills’ introduction, the California Legislature passed AB 2799, the Decriminalizing Artistic Expression Act, which can be discussed as the first legislation that limits the admissibility of rap lyrics in criminal trials. This pioneering piece of legislation addresses the distorting prejudices at work in Rap on Trial Straight out and encourages California’s courts to refer to social science studies showing these impacts. Thus, soon after the enactment of the law, a California appellate court invoked the law and reversed a conviction that substantially relied on the exploit of a rap video. Proposed federal and state bills are also similar; the laws are proposed at the American federal and state levels as well as in New York, Louisiana, and Illinois as the community’s awareness of legal protection increases.
Rap on Trial in Recent High-Profile Cases
While the first edition may not have included the more recent high-profile cases of superstar rappers Young Thug and Gunna who were recently arrested with rap lyrics being substantially used in the indictment. Besides, New York based investigation named “Operation Drilly” relies on the texts from the drill subgenre, with the lyrics of the rappers being the major evidence. These cases have attracted more public concern about the continued use of rap lyrics in criminal proceedings.
In the ever-changing environment around this issue, Lerner & Kubrin also call upon members of the bar to turn to the Rap on Trial case digest and brief bank which features the recently added model motion in limine, A request made out of the jury’s presence, for Decriminalizing Artistic Expression Act.
The second edition of Rap on Trial: It is a legal guide that goes a long way in helping a legal attorney in the cases of arguing on the admissibility of rap lyrics in criminal trials. This seeks to promote the freedom of speech together with the fight against discrimination based on race as all deserve fair trial.