The Irvine findings mirrored those of a study conducted by Stuart Fischoff, a psychology professor at California State University, Los Angeles, almost 20 years earlier. “The findings suggest,” the authors wrote, “that judges might underappreciate the extent to which the label of lyrics - and not the substantive lyrics themselves - impact jurors’ decisions.” Simply describing music as rap, they concluded, is enough to “induce negative evaluations.” They judged the lyrics to be more offensive and true to life when told they were rap. Participants rated whether they found the lyrics offensive and whether they thought the lyrics were fictional or based on the writer’s experience. One group was told the lyrics came from a country song, while the other was told they came from rap. A 2016 study by criminologists at the University of California, Irvine, asked two groups of participants to read the same set of violent lyrics. Research has shown that rap is far more likely to be presented in court and interpreted literally than other genres of music. Three of those cases were thrown out one ended in a conviction that was overturned. The small number of non-rap examples that I found - only four since 1950 - involved defendants whose fiction writing or lyrics were considered to be evidence of assault or violent threats. Canady’s can hinge on interpretation - whether a police officer, prosecutor, judge or jury sees the lyrics as creative expression or proof of a criminal act.Ĭourts typically treat music and literature as artistic works protected under the First Amendment, even when they contain profane or gruesome material. Each side makes its case as to how the rules should apply to a particular piece of evidence the judge makes the final call. The strength of these rules, however, ultimately rests on the discretion of judges, prosecutors and defense attorneys. What these cases reveal is a serious if lesser-known problem in the courts: how the rules of evidence contribute to racial disparities in the criminal justice system.įederal and state courts have rules requiring that all evidence - every crime scene photo, DNA sample, witness testimony - be deemed reliable and relevant to the crime at hand before it is shown to a jury. Rap songs are sometimes used to argue that defendants are guilty even when there’s little other evidence linking them to the crime. We have found that over the past three decades, rap - in the form of lyrics, music videos and album images - has been introduced as evidence by prosecutors in hundreds of cases, from homicide to drug possession to gang charges. Canady’s in partnership with the University of Georgia and Type Investigations. I have been reporting on the use of rap lyrics in criminal investigations and trials for more than two years, building a database of cases like Mr. “Honestly, I’m not accepting that,” he told the judge.

Canady a plea deal, but he refused, insisting he was innocent. “I was in the mind state of This is a big misunderstanding.” He was charged with first-degree intentional homicide and armed robbery. “They rushed in my room with assault rifles telling me to put my hands up,” he recalled. Canady’s great-grandmother and legal guardian, was up early washing her clothes in the kitchen sink when the police broke through her front door. Canady released “I’m Out Here,” a SWAT team stormed his home with a “no knock” search warrant. McClain’s name and referred to his murder. McClain’s stepfather contacted the police about a song he’d heard on SoundCloud that he believed mentioned Mr.

The crime scene investigation turned up no fingerprints, weapons or eyewitnesses. One of the victims, Sémar McClain, 19, had been found dead in an alley with a bullet in his temple, his pocket turned out, a cross in one hand and a gold necklace with a pendant of Jesus’ face by his side.

Canady lived, the police had been searching for suspects in three recent shootings. Canady released a song on SoundCloud, “I’m Out Here,” that would change his life. His tracks had a homemade sound: a pulsing beat mixed with vocals, the words hard to make out through ambient static. Canady was recording and sharing his music online. “Before I knew it, my pain started influencing all my songs,” he told me in a letter.

He started out freestyling for friends and family, and after two of his cousins were fatally shot, he found solace in making music. Tommy Munsdwell Canady was in middle school when he wrote his first rap lyrics.

Rap lyrics editor