California set to be 1st state to limit prosecutors' ability to use rap lyrics as evidence

KTVU ^

[artichokegrower]

California is set to be the first state in the country to enact a law that will limit prosecutors’ ability to use rap lyrics as evidence in criminal cases. Assembly Bill 2799 will require a pre-trial hearing to determine if the lyrics are relevant to the case.

Assembly member Reginald Jones-Sawyer Sr., says this bill will help protect rap artists, who are predominantly African American, and their freedom of speech. He also says he hopes the bill will help eliminate any racial bias that may exist when presenting evidence.

[artichokegrower]

"Their stage name might be Little Murder, but that doesn’t mean they’re a murderer," said Reginald Byron Jones-Sawyer, Sr., state assembly member for Dist. 59.

I'm glad that with all of the issues and problems currently putting California into a crisis our state legislator is taking time to focus on what's important.

[skeeter]

Now this is BIG.

[heartwood]

Is only rap music protected? Or all forms of music, poetry, fiction and artistic expression?

[HYPOCRACY]

They should outlaw murder weapons and fingerprints too.

[Tell It Right]

Rap lyrics can’t be presented in court. But I bet pressing Like on a pro-America tweet will.

[Scrambler Bob]

Is only rap music protected? Or all forms of music, poetry, fiction and artistic expression?
= = =

How about “If I Did It”

Did Nichole and Ron have Civil Rights?

Where are the Feds?

[Scrambler Bob]

Yep,

Fingerprints were invented by the white man to put the brother down.

[mmichaels1970]

Linky no worky. I’m the rare FReeper who likes to read the articles cited.

[mjp]

a law that will limit prosecutors’ ability to use rap lyrics as evidence in criminal cases.

dat be raysis

[mmichaels1970]

Never-you-mind. Link suddenly started working for me. Off to my reading room.

[Lazamataz]

I’m the rare FReeper who likes to read the articles cited.

Knock it off!

[jughandle]

Now we can yell the mother of all racially insulting words and it’s fine because it’s in rap music?

[logi_cal869]

Well, then, I could argue the same re my own emails & writings, right?

smh

[artichokegrower]

15 Rappers Who Have Killed People

Are these rappers guilty of homicide? B*tch, they might be. Several famous rappers and hip-hop stars have been convicted of murder. Some of these musicians got off on lesser charges, while others are spending the rest of their lives behind bars. One famous rapper even turned himself in after a case went cold.

Who is the most famous rapper who has taken a life? Gucci Mane tops our list. In 2005, Gucci Mane and his entourage were attacked by a group of men. He and his friends fired at the men, and one of the attackers perished. Gucci Mane was charged with the man’s demise, though he has always said that his actions were in self-defense. The charges were eventually dropped.

In 2010, G. Dep confessed to a cold case slaying that he committed in 1993. He was convicted and sentenced to 15 years to life behind bars. In 2003, Big Lurch was given a life sentence for his role in the 2002 slaying of Tynisha Ysais.

https://www.ranker.com/list/rappers-who-killed-people/ranker-hip-hop

[mmichaels1970]

Is only rap music protected? Or all forms of music, poetry, fiction and artistic expression?

So I read the abstract of AB 2799. At first glance, I'd tend to say that all forms of music, poetry, fiction, expression are covered.

However...HOWEVER...the bill does tend to center around the determination that the content might inject a "racial bias" into the proceeding. So perhaps one could argue that if the content creator isn't in a racially-protected class, his content wouldn't fall under the jurisdiction of the act.

But I'm no lawyer. See what you guys think:

This bill would require a court, in a criminal proceeding where a party seeks to admit as evidence a form of creative expression, to consider specified factors when balancing the probative value of that evidence against the substantial danger of undue prejudice. The bill would define "creative expression" as the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, as specified. The bill would require a court, in balancing the probative value of a creative expression against the substantial danger of undue prejudice, to first consider that the probative value of the creative expression for its literal truth is minimal unless that expression meets specified conditions. The bill would then require a court to consider that undue prejudice includes the possibility that the trier of fact will treat the creative expression as evidence of the defendant's propensity for violence or criminal disposition, as well as the possibility that the evidence will inject racial bias into the proceedings. The bill would require the court to consider, if proffered and relevant to the issues in the case, credible testimony on the genre of creative expression as to the context of the expression, research demonstrating that the introduction of a particular type of expression introduces racial bias into the proceedings, and evidence to rebut such research or testimony. The bill would require a court to determine the admissibility of a form of creative expression in a hearing outside the presence and hearing of the jury, and state on the record the court's ruling and reasoning therefor.

[apillar]

Prosecutor: "We have this taped call of the you hiring a hitman to kill your girlfriend!"

Defendant:" Naw dawg! Those was just rap lyrics, "Ten Thousand to kill her, don't care how you do it, just get it done."

Judge: "Can't use rap lyrics, case dismissed."

[FlingWingFlyer]

But it’s still going to be okay to throw people in jail for using “hate speech” though, right? HYPOCRITES!!!

[Mouton]

So, if I send a threatening message to someone in the form of rap, it cannot be used as evidence against me?

[artichokegrower]

Appears to be a very violent artistic endeavor

List of murdered hip hop musicians

https://en.wikipedia.org/wiki/List_of_murdered_hip_hop_musicians

[mmichaels1970]

So, if I send a threatening message to someone in the form of rap, it cannot be used as evidence against me?

According to the bill, it would first be sent to a pretrial hearing where a judge would determine whether it could or not. The judge would determine whether your rap contained relevant evidence to be presented to a jury, or whether your rap was being used by the prosecution to taint the jury.

That's the way I'm interpreting it.

Let's say your email said:

"I'm rymin' and stealin', wheelin' and dealin'" and you were accused of stealing a guy's watch and selling it to a pawn shop.

The judge could determine at pretrial that just because you rap about it doesn't mean you have a propensity to do it. And your "rap" would be inadmissable.

Now, if your rap said: "I'm gonna steal John's watch, that Rolex had made, take it to Bob's pawn shop where I'm gonna get paid..."

The judge could determine at pretrial that your rap contains evidence relevant to the crime you were accused of and then allow it in front of a jury.