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Rap on trial: NY lawmakers move to limit use of lyrics in criminal trials
By
Brittany Kriegstein
Published Jun 6, 2023
Modified Jun 6, 2023
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By
Brittany Kriegstein
Published Jun 6, 2023
Modified Jun 6, 2023
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Rap snitches, telling all their business, won't have to sit in court and be their own star witness.
At least not in New York state.
The Rap Music on Trial bill, sponsored by state Sen. Brad Hoylman-Sigal and Assemblymember Catalina Cruz, aims to clamp down on prosecutors’ long standing practice of using lyrics as proof that defendants are guilty of certain crimes.
While the bill wouldn’t completely end the tactic, it would only allow prosecutors to use lyrics as evidence if they can prove that they describe a specific alleged crime — that the defendant meant the words literally, and that they’re valuable to the argument.
“Protecting artistic freedom and expression is paramount for our country, but in particular New York City, where we are the cultural capital of the world,” Hoylman-Sigal told Gothamist. “Rap music has been targeted by prosecutors, mainly because it would seem that there's racial bias.”
The bill’s sponsors say they’re hoping it passes the Assembly during this legislative session, which ends on June 8. It was approved by the Senate on May 15, which Hoylman-Sigal feels gives the Assembly a “boost of confidence and momentum” that the bill is ready to be signed into law by Gov. Kathy Hochul.
Rap isn’t the only musical genre covered by the legislation, which at its core intends to “protect freedom of speech and artistic expression in New York state.” However, studies have shown that those who pen the gritty, urban music are far more likely to be seen as violent criminals than their counterparts in country music or heavy metal.
That perception bleeds into the justice system, where Black hip-hop artists are more commonly targeted than artists of other races.
Angel Reyes, an audio engineer who helps rappers record and refine their music from his apartment-turned-studio in the Bronx’s Andrew Jackson Houses, said he wholeheartedly supports the bill.
“It’s entertainment,” he said of the lyrics – even the really provocative ones. “I’ve recorded a ton of rappers, all types of genres — rock, drill, rap, reggae, Spanish — and you know, I sat with artists and some of them told me like, ‘maybe I'm gonna fabricate this line a little bit so the song could get a little more recognition.’”
Reyes compared the lyrics to the kind of artistic freedom found in movies.
“When they write in the movie scripts, they'll say, ‘Oh, let's write a crazy script so the people can mess with it, and so the movie can sell.’ I think it's literally the same thing.”
Patrice O’Shaughnessy, a spokesperson for Bronx District Attorney Darcel D. Clark, said their office has dealt with a slew of cases that have involved rappers, particularly drill rappers.
“DA Clark is always supportive of new music coming out of the Bronx, the birthplace of hip-hop," O’Shaughnessy said. "This law is unnecessary mainly because the current process is that evidence for any case is reviewed by a judge who decides on admissibility.”
The bill is not the first of its kind: California passed similar legislation last year, known as the Decriminalizing Artistic Expression Act, and Rep. Jamaal Bowman introduced the Restoring Artistic Protection — or RAP — Act on a federal level in April.
Even in New York, an earlier version of the Rap on Trial bill was introduced in 2021, earning a letter of support from headliners like Jay-Z, Meek Mill, Kelly Rowland and Big Sean. But that measure never passed the Assembly — the same fate this year’s version could meet if the session ends before it goes through.
Court cases invoking lyrics have proliferated as social media has enabled rap songs and videos to be shared more widely. A New York Times investigation published last year showed that rap lyrics were used as evidence in hundreds of cases, from homicide to drug charges and gang activity, and that the practice has only become more common since 2005. At the center of the story is the case of 17-year-old Tommy Munsdwell Canady, who was sentenced to life in prison in Wisconsin based on some lyrics he wrote suggesting that he had shot and killed someone.
In Manhattan Criminal Court, rapper Tekashi 6ix9ine was sentenced to two years in prison after prosecutors played several of his hit songs and videos, including “GUMMO”, “KOODA” and “BILLY,” and argued that they contained evidence of gang activity.
Federal and state courts require that all evidence be reliable and relevant to the crime in question before being shown to a jury – stipulations that are at the discretion of judges, prosecutors and defense attorneys. Since lyrics are open to interpretation, though, their “relevance” can be blurry.
From Reyes’ perspective, rapping gives people an opportunity to make a living and rise up out of poverty, and should not be used to criminalize artists.
“How are you bringing up my job? Like I'm working, this is what I used to provide for my family,” Reyes said. “How are you bringing that up to incarcerate me?”
Stephen Nessen contributed reporting.
This story has been updated with comment from a spokesperson for Bronx District Attorney Darcel D. Clark.
Tagged
assembly
senate
criminal justice
courts
rap quotes
rap music
Brittany Kriegstein
Brittany Kriegstein covers all breaking news around New York City, with a focus on crime and gun violence. Got a tip? Email Brittany at [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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