Rap on Trial: Race, Lyrics, and Guilt in America

by Erik Nielson

Overview

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide.

Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts.

Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.

Product Details

ISBN-13:	9781620973417
Publisher:	New Press, The
Publication date:	11/12/2019
Sold by:	Barnes & Noble
Format:	eBook
File size:	781 KB

About the Author

Erik Nielson is an associate professor of liberal arts at the University of Richmond, where he teaches courses on African American literature and hip-hop culture. He lives in Richmond, Virginia, and Brooklyn, New York. Andrea L. Dennis is a professor at the University of Georgia School of Law and was formerly an assistant federal public defender. She lives in Athens, Georgia.

Table of Contents

Foreword Killer Mike ix

Introduction 1

1 Hip Hop: From the Margins to the Mainstream 27

2 Rap Enters the Courtroom 59

3 Lyrics, Stereotypes, and Bias 75

4 What About the First Amendment? 101

5 Aggressive Prosecutors and Untrained Experts 121

6 Surveillance, Suppression, and the Rise of Gang Units 141

Conclusion 153

Epilogue 165

Acknowledgments 173

Notes 175

Index 195

Editorial Reviews

10/01/2019

Works such as Michelle Alexander's The New Jim Crow have examined the pervasiveness of racial bias in the U.S. criminal justice system. Nielson (liberal arts, Univ. of Richmond) and former assistant public defender Dennis (Univ. of Georgia Sch. of Law) look closely at one of the ways this bias occurs, documenting cases in which rap lyrics, introduced as evidence, had an effect on or even determined the outcome of a trial. The authors do not argue that defendants in these cases are always innocent, but rather that rap lyrics are unique in being used in this way; while other genres of music have had their days in court, they have not been used as evidence that a defendant actually committed a violent crime. Their explanation is multifaceted: juries are often comprised of people who don't understand rap (including its propensity for hyperbole), prosecutors use rap lyrics to help secure a conviction, and expert witnesses are often anything but. An introduction by rapper Killer Mike expands on how rap is often treated as autobiography instead of art—another way the criminal justice system perpetuates injustice. VERDICT An urgent call to action. Recommended for anyone concerned with social justice, which should be all of us. [See author spotlight on p. 109.]—Genevieve Williams, Pacific Lutheran Univ. Lib., Tacoma

Library Journal

Praise for Rap on Trial:
Named one of the "15 Great Hip-Hop Books Published in 2019" by Okplayer

"[An] interesting and educational read."
—The Philadelphia Sun

"Rap on Trial is comprehensive‚ groundbreaking‚ and fundamental to understanding how the justice system targets black artistry; most remarkable is its repeated insistence on praxis as analysis."
—New Black Man (in Exile)

"A thoroughly researched book and a riveting read, Rap on Trial sheds light on a highly damaging practice that has become an everyday occurrence in America's courtrooms."
—The National Book Review

"A compelling call to action in this overview of the use of rap music in criminal trials. . . . This book is a necessary first step in ending a racist and unjust legal practice."
—Booklist

"An urgent call to action. Recommended for anyone concerned with social justice."
—Library Journal

"Rap on Trial offers captivating insight on how police, prosecutors, and judges silence and penalize Black music artists. It provides not only a rousing call to action but also a compelling blueprint for necessary change."
—Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness

"By highlighting race in this brilliant, well-researched argument, Rap On Trial takes its rightful place within the pantheon of groundbreaking works that unmask the built-in biases of our legal systems."
—Michael Eric Dyson, author of Jay-Z: Made in America

"An illuminating, powerful, and disturbing exposé of how hip hop's often raw, fantastical lyrics are taken out of context to criminalize black and brown youth. Rap on Trial is required reading for anyone who cares about justice and racial equity."
—Robin D.G. Kelley, author of Freedom Dreams: The Black Radical Imagination

"An exceptional, nuanced look at how the state transformed an influential art form into a tool of mass incarceration. Rap on Trial is an essential reminder of the importance of First Amendment protections for the most vulnerable among us."
—Anthony D. Romero, executive director, ACLU

"Nielson and Dennis have blessed us with a smart and engaging book that will make readers mad as hell. An essential read for activists, artists, hip hop heads, and all concerned about civil rights and civil liberties, Rap on Trial does it 'for the culture.'"
—Paul Butler, author of Chokehold: Policing Black Men

From the Publisher