Editor’s note: Arachnophonia is a regular feature on our blog where members of the UR community can share their thoughts about resources from the Parsons Music Library‘s collection.

Today’s installment of Arachnophonia is by student worker William (class of 2021) and features a new book by UR faculty member Erik Nielson and Andrea L. Dennis of the University of Georgia School of Law entitled Rap On Trial: Race, Lyrics, and Guilt in America. Thanks, William!

(Please note that this piece was concurrently published in UR’s student newspaper The Collegian as well!)

Rap On Trial: Race, Lyrics, and Guilt in America
by Erik Nielson and Andrea L. Dennis

Five Deeply Concerning Takeaways from UR professor Erik Nielson’s new book Rap On Trial: Race, Lyrics and Guilt in America

In their new book, Rap On Trial: Race, Lyrics and Guilt in America, University of Richmond professor Erik Nielson and Chair of Law at the University of Georgia School of Law, Andrea Dennis, rebuke prosecutors’ use of rap lyrics as evidence of a defendant’s guilt in U.S. criminal trials.

In doing so, they document how the U.S. criminal justice system’s policing of hip hop and rap music has evolved, and elucidate the dire consequences and First-Amendment concerns of using rap lyrics to convict and incarcerate young men of color.

Here are five deeply concerning takeaways:

1. Rap lyrics are almost always permitted as evidence to prosecute serious crimes like murder, robbery and drug trafficking

Throughout their research, Nielson and Dennis have identified more than 500 cases across the U.S. in which rap lyrics were used as evidence in a criminal trial. In some cases, the prosecution introduced a defendant’s lyrics as substantiating evidence of the defendant’s guilt in some crime. Other times, the lyrics were the crime.

According to the New Jersey ACLU, rap lyrics were permitted as evidence in 80 percent of cases that considered their admissibility. But Nielson and Dennis say the number, according to their research, is significantly higher.

2. Police and prosecutors target young, black and Latino amateur rappers

In roughly 95 percent of cases involving rap lyrics, the defendant is a young, black or Latino man with a local fan base, if any fan base at all. Because of their social status, amateur rappers, in the eyes of police and prosecutors, are not real artists.

3. Rap lyrics are used to convince jurors of the defendant’s “true character”

By Dennis and Nielson’s analysis, police and prosecutors nationwide interpret and present to jurors rap music as autobiographical. A training manual written by a California prosecutor says that, through music lyrics, prosecutors “can invade and exploit the defendant’s true personality.” The manual tells prosecutors not to be fooled by the defendant’s nice court attire.

“The real defendant is a criminal wearing a do-rag and throwing a gang sign,” according to the manual.

In the hands of prosecutors, rap lyrics are taken out of context and construed as accurate depictions of the defendant’s real life, despite the art form’s well-known tradition of hyperbole. Because of this, defendant’s will often plead guilty in exchange for a lesser sentence, knowing their lyrics, presented by prosecutors, might significantly bias the jurors.

To introduce lyrics as evidence, prosecutors often argue that the lyrics they wish to introduce are evidence of the defendant’s motive, knowledge or ability to commit the crime in question. If a defendant is being accused of murder, for instance, prosecutors will cherry-pick from the defendant’s rap lyrics the lyrics most evocative of murder, and argue before the jury that the rap lyrics at least prove the defendant is capable of murder.

Prosecutors have used rap lyrics to argue for harsher sentences. Dennis and Nielson have identified thirty cases in which prosecutors used a defendant’s lyrics to argue that the defendant’s “true character,” as exposed in his lyrics, was so beyond any hope of rehabilitation that he should be sentenced to death.

In at least one case, prosecutors used a defendant’s lyrical abilities to argue that he was mentally stable and intelligent enough to be executed.

4. Rap lyrics and videos are used to warrant “gang enhancements”

If prosecutors can show that the crime the defendant is standing trial for was committed on behalf of or in association with a gang, prosecutors can request a “gang enhancement,” which can double a defendant’s sentence. In some states, gang enhancements allow for juveniles to be charged as adults.

Prosecutors regularly use rap lyrics to seek gang enhancements. If a defendant references gang themes in his lyrics, or even just mentions certain neighborhoods, prosecutors will use those rap lyrics to connect the defendant’s crime to gang activity.

Increasingly common is the use of rap music videos to justify gang enhancements. Dennis and Nielson have identified cases in which prosecutors used rap music videos to justify a gang enhancement for defendants who were seen in the background of a music video.

5. “Gang experts” routinely use rap music and videos to surveil entire communities

Nielson and Dennis make clear that, although “Rap On Trial” is focused on the use of rap lyrics as evidence in criminal trials, police and so-called “gang experts” nationwide use hip hop, rap music and videos to surveil communities, to identify suspects and to justify arrests, all before rap enters the courtroom.

Michael Render, also known as “Killer Mike” from the Atlanta, Georgia, hip hop duo “Run The Jewels,” is a close friend of Nielson’s and wrote the foreword to Rap On Trial.

“Right now, aspiring rap artists need to know they are being targeted by the authorities,” Render wrote, “and they need to balance their right to free speech–and their desire to push the envelope of free speech–with the reality that police are watching.”