Rap Rhyme, Prison Time: How Prosecutors Use Rap Evidence in Gang Cases

• In Event: Inequality, Race, and Punishment

Abstract

The phrase “rap on trial” (Kubrin and Nielson, 2014) signifies a tactic used by prosecutors to introduce a defendant’s rap lyrics and videos as evidence of criminality at trial. Rather than treat rap as a form of artistic expression, prosecutors claim the lyrics are either autobiographical confessions of illegal behavior or evidence of motive or intent with respect to an alleged crime. Prosecutors frequently introduce rap lyrics and videos as evidence of gang association, membership, or participation to help secure convictions and gang enhancements—a practice we call gang affiliation through rap misrepresentation. The consequences of this practice for the accused can be severe. In this paper, we call for greater nuance and careful treatment of rap-related evidence in the courtroom, which includes recognizing rap’s history, conventions, and practices generally, and acknowledging rap’s complicated and complex intersection with gangs specifically. We argue that greater nuance and more careful treatment will enable courtroom members, including judges and jurors, to make better informed evaluations regarding whether or not rap evidence, despite being prejudicial, is sufficiently probative and if so, what relevance it may have to the case.

Authors

• Charis E. Kubrin, University of California, Irvine

• Kyle Winnen, University of California, Irvine