Rap on trial: NY lawmakers move to limit use of lyrics in criminal trials

Rap snitches tell all their work, so they don’t have to sit in court and be their own star witness.

At least not in New York State.

A bill to bring rap music to justice, proposed by Senator Brad Hoyleman-Segal and Rep. The purpose is to crack down on

The bill wouldn’t end the tactic entirely, but prosecutors would need to know that the lyrics depict a particular crime charge, meaning that the defendant meant the lyrics literally, and that they have value for defense. You will only be allowed to use the lyrics as evidence if you can prove .

“Protecting freedom and expression in the arts is paramount to our country, but especially to New York City, the cultural capital of the world,” Hoyleman-Segal told The Gothamist. “Rap music has been targeted by prosecutors primarily because of its perceived racial prejudice.”

Proponents of the bill say they hope the bill will pass parliament during the legislative session until June 8. The bill was approved by the Senate on May 15, and Hoylman-Segal feels it will “give confidence and momentum” to Congress. The bill is ready to be signed into law by Gov. Kathy Hochul.

Rap isn’t the only genre of music covered by the bill, but its core purpose is to “protect freedom of speech and artistic expression in New York State.” But research shows that people who compose gritty, urban music are more likely to be seen as violent criminals than country music or heavy metal composers.

That perception has permeated the justice system, where black hip-hop artists are more often targeted than artists of other races.

Sound engineer Angel Reyes, who uses an apartment in the Andrew Jackson House in the Bronx as a studio and helps rappers record and refine their music, said he wholeheartedly supports the bill.

“This is entertainment,” he said of the lyrics, even if they were really provocative. “I’ve recorded a ton of rappers in all genres: rock, drill, rap, reggae, spanish, and I sat down with artists and some of them told me, ‘Maybe they’ll fabricate this line. I said something like,’ just a little bit so that the song gets a little more recognition. “

Reyes likened the lyrics to the kind of artistic freedom found in movies.

“When they write a movie script, they say, ‘Oh, let’s write a crazy script so people can screw it up and the movie sells.'” I think it’s literally the same thing. “

Bronx District Attorney Darthel D. Clarke spokesperson Patrice O’Shaughnessy said the Bronx District Attorney’s Office has handled numerous cases involving rappers, particularly Drill rappers.

“Attorney Clark has always been an advocate for new music coming out of the Bronx, the birthplace of hip-hop,” O’Shaughnessy said. That’s the reason,’ he said. Determine acceptability. “

This bill is not new. California last year passed a similar bill known as the Artistic Expression Decriminalization Act, and Congressman Jamal Bowman introduced the Restoration of Art Protection Act (RAP) at the federal level in April.

New York also introduced an early version of the wrap-on-trial bill in 2021, garnering letters of support from headliners including Jay-Z, Meek Mill, Kelly Rowland and Big Sean. However, the bill never passed Congress. This year’s bill could suffer the same fate if it ends before Congress passes it.

As rap songs and rap videos became more widely shared on social media, there was a surge in lawsuits involving lyrics. A New York Times investigation published last year found that rap lyrics were used as evidence in hundreds of cases ranging from murders to drug charges to gang activity, making the practice more common. was shown to be from 2005 onwards. In the case of 17-year-old Tommy Mansdwell-Canady, he was sentenced to life in prison in Wisconsin for writing lyrics suggesting he shot someone dead.

In Manhattan Criminal Court, rapper Tekashi 6ix9ine had prosecutors played his hits and videos, including “GUMMO,” “KOODA,” and “BILLY,” which contained evidence of gang activity. and was sentenced to two years in prison.

Federal and state courts require that all evidence be credible and relevant to the crime at issue before it can be presented to a jury, but this provision is at the discretion of judges, prosecutors, and defense attorneys. is entrusted to However, the lyrics are open to interpretation, so their “relevance” can be ambiguous.

From Reyes’ perspective, rap is about giving people a chance to earn a living and rise out of poverty, and shouldn’t be used to criminalize artists.

“How do I bring up my job? This is what I used to feed my family in the same way that I work,” Reyes said. “How are you going to bring it up to jail me?”

Stephen Nessen contributed to the report.

This article has been updated with a comment from a spokesperson for Bronx District Attorney Darsel D. Clarke.