In the past 2 years alone, more than 3 dozen criminal prosecutions have had rap lyrics be presented by the prosecutor as a vital piece of evidence in the case. [Manly] In many of these cases the prosecutor will use violent lyrics created by the defendant to prove that that person is inherently dangerous and in other cases, will use the lyrics as a direct confession to having committed the crime in question. If you read into these cases you will notice a common theme between them; the defense will claim that the lyrics are freedom of speech and should be considered artistic expression, while the prosecutors will claim that the song is either a criminal threat or has too many similarities to the actual crime that it should be considered a confession. The primary basis for this debate is that hip-hop music is a misunderstood cultural practice because of the racial divide between the defendant and the criminal justice system. The precedent for using rap lyrics as evidence can be traced as far back as 1994 in California, when they were used to prove that Francisco Calderon Mora was a member of the Southside F Troop gang. The prosecutor went on to say that since he was a member of the gang, Mora has the motive and intent to commit the killing he was tried for. [O’Connor] Since this case many prosecutors through the years have started using lyrics as critical pieces of evidence in these types of trials. Often using these pieces as evidence is unfair to the defendant because they
Rap is the most criticized music genre out there all because it has a bad history with law enforcement and the public. Like the author says
Hip Hop: Beyond Beats & Rhymes is a documentary created and produced by Bryon Hurt. The documentary challenges the dominant discourses of hyper masculinity and the misogynist treatment of women in commercialized rap. Of the many mainstream phenomenons that are discussed by Bryon in the documentary, the issue of hyper masculinity in Hip Hop is questioned greatly. Throughout the film, the producer was able to show the wide acceptance of hyper masculinity not only in Hip Hop but also American culture as well. He defined America as a hyper masculine and hyper violent nation for the reason that using a gun to defend one’s family became a metaphor for masculinity and a tool for widespread violence. The issue of issue of hyper masculinity can be
Adell, Nicholas B. "Extending First Amendment Protections to Artistic Compositions in Criminal Proceedings Through the Lens of Rap-Lyric Cases: The German 'Dignity' Model Applied to American Free Expression Jurisprudence." Available at SSRN 2549911 (2015).
Since its conception, hip hop has been a very necessary and influential art form in the way that it gives a voice to people who would normally not have one. The fact that it was often the sole voice for a marginalized community meant that the genre has often shouldered the “burden of being a genuine political force.” Hip hop’s role in addressing the concerns of urban Black Americans has led people to refer to it as “CNN for Black people.” However, in recent times, the commercialization of the genre (and growing popularity with white audiences) has generated a lot of criticism from many who feel that the essence of hip hop is being destroyed and it does not have as much of a meaningful effect on dispossessed Black youth as it used to have.
Molefi Asante is the author of It’s Bigger than Hip-Hop: The Rise of the Post Hip-Hop Generation. In this article, Asante predicts that the post-hip-hop generation will embrace social justice issues including women’s rights, gay’s rights, and the anti-war movement. To challenge these stereotypes, Asante speaks to the personification of the African-American ghetto and the need to stop glorifying black suffering. For Asante, the post-hip-hop generation no longer expects hip-hop to mobilize disenfranchised youth. Asante states, “The post-hip-hop generation shouldn’t wait for mainstream musicians to say what needs to be said…No movement is about beats and rhythms…. it must be bigger than hip-hop.” Because hip-hop is controlled by corporations, Asante says hip-hop will never be the focus of political change. Asante argues that “old white men” have dictated hip-hop, and by extension the actions of black youth, since 1991. “Allowing white executives, not from the hip-hop culture, to control and dictate the culture is tragic because the music, and ultimately the culture, as we can see today, has not only lost its edge, but its sense of rebellion and black movement- the very principles upon which it was founded.” Asante calls for the rise of “artivism,” a new social movement that uses art to improve community police relations, failing schools and the criminal justice system. Asante encourages the post-hip-hop generation to unite with Latino/Immigration Rights and Black Civil Rights
Within History, Rap has been considered the “CNN for black people”; what started as a way to express struggles in the ghettos of New York has transformed into one of the most popular genres of music in America. The popularity of rap has allowed many to have their voices heard, created new fashion trends, and even developed popular modern slang used by people throughout the world. The commercialization of rap has resulted in a significant following of the culture in America but also a large number of people who oppose the music. The culture of rap music has a substantial impact on popular culture in America, and by using an open mind and looking past the violence and language, people can better understand the meaning behind rap and the perception that follows it in America today.
Hip-Hop is an extensive and a broad conglomerate of various artistic forms that ultimately originated in the South Bronx and then quickly spread throughout the rest of New York City among African-Americans and other African-American youth mainly from the Caribbean and from Jamaica during the 1970’s. Over the course of decades and recent years, controversy surrounding Hip-Hop and rap music has been the vanguard of the media. From the over hype of the East and West Coast rivalry to the deaths of Tupac, Biggie, and even Michael Brown and Trayvon Martin, it seems that political and broadcasting groups have been injudicious to place essentially the blame on rap and Hip-Hop music for a superficial trend in youth violence.
Hip hop, to me, is the culture I grew up in by default. Starting at an early age, everything around me was hip hop, from the way my parents dressed (hightop fades and door knocker hoop earrings) to what they played on the radio. As I got older I didn’t return to hip hop until much later, and didn’t take it seriously as something I was interested in exploring until I was in high school.
The studies of three researchers confirm the stereotype between rap and violent crime tied along with strong feelings of social injustice to be only true to an extent. On the contrary, the same studies do prove the description of rap as “protest music” to be true as they examine aspects of social injustice, violent crime and property crime. One study conducted by Tanner & Wortley in Canada revealed a reason behind black youths feeling of injustice after numerous blacks stating they felt as though they are more likely to be randomly checked by police than other racial groups (Tanner, Julian, Asbridge, & Wortley, 2009, p. 699). Another segment of research conducted by Wortley describes blacks as being wrongfully depicted in a small range of activities and roles along with commonly being portrayed as the offender in
For many years, the youth have been known for singing along to their favorite song and taking that song as whole and using it as their motto for life. It may seem that sometimes these kids do not know what is being said in the music but this shows that they do know what the lyrics are saying. According to Franklin B. Krohn and Frances L. Suazo in their article “Contemporary Urban Music: Controversial Messages in Hip-Hop and Rap Lyrics,” many teenagers and minority groups view rappers as their spokesmen because of their ability to speak in street language and bluntly express their frustration (Krohn, 1995). Unfortunately, hip hop lyrics usually tend to talk about drugs, sex and violence leading kids to think that everything they hear is okay and that is how they have to live their life. Yet, there are artists out there who take their lyricist skills to give positive lyrics and messages in their music, but these songs are not often played in the mainstream.
Music has inspired and touched the lives of many aspiring hip-hop artists which makes it one of the most influential characters in America culture. Hip-hop has become one of the most vital, and profitable, forces in popular culture. Rap music is an international art form and is regularly heard in advertising including radio and television. Hip hop beats have influenced popular music genres from rock to jazz to reggae. The fashions, styles, and attitude of hip-hop have been adopted by America’s commercial culture industries and by youths from all cultural backgrounds. I predicted that hip hop music is here to stay because that 's only way they can convey their story without being arrested. Is here to stay because, the same inadequate education, inequality among poor people, Injustice and police brutality that hip hop music is talking about is still exist in American today.
“Key for key, pound for pound, I’m the biggest dope dealer, I serve all over town.” Imagine being on a jury of a drug related case and hearing these rap lyrics played as evidence. Would you immediately charge the defendant of drug distribution or would you consider his lyrics as a form of artistic expression? In the court system the disclosure of rap lyrics written by a defendant as evidence is an ongoing controversy that is becoming increasingly popular and accepted. Jurors face a difficult decision on the credibility of the lyrics and how to properly interpret them when used as criminal evidence. Is this really a confession from the defendant? Do the lyrics describe the defendant’s motivations, intentions, or conduct? The debate continues to distinguish the defendant’s words as artistic context or criminal intentions.
Most rap songs that contain violence reflects incidents that occur in today’s society such as the Rodney King incident. “Rap music brings together a tangle of some of the most complex social, cultural, and political issues in contemporary American society.” Rap and hip-hop artists write songs that promote the killing of enemies as well as targeting institutions such as the church, government, and justice system (Ro 145) Most artists relive their own painful experiences over and over again though their music, delaying their own society’s process of recovery . for example, in 1989
Art has undoubtedly become a decisive aspect of our culture; embedded in the way we learn and grow on a daily basis. Art forms such as music, television and dance dominate our society as an outlet of freedom of speech for humanity. The evolution of music has rapidly exceeded its original classifications, developing new genres with greater appeal to an audience, hence its influence on society has expedited. In recent times, lyrics (specifically rap lyrics) have been introduced into the court room as a form of documented confessional evidence, evidently challenging law’s authoritative nature. This essay will closely follow the genre of rap and its relationship with law, through cases based in the United States of America (USA). In addition, the trial of Simon Bikindi in Rwanda and Smith v The Queen will be used to form an acute analysis on the influencing factors of relevance, identity, freedom of speech and current constitutional law.