New York lawmakers have introduced a bill that will make it harder for rap lyrics to be used in trials.
On Wednesday, Sen. Brad Hoylman and Sen. Jamaal Bailey of New York City introduced the “rap music on trial” legislation to the Senate. The lawmakers used the case of rapper Tekashi 6ix9ine to explain how his music was used to expose the Nine Trey Gangsta Bloods. He was sentenced to two years behind bars for racketeering, firearms offenses, and drug trafficking. Hoylman and Bailey say that using his art to build their case put him at risk while in prison and when he was released.
Hip-Hop music shouldn’t be scrutinized at a higher level than other forms of creative expression. Hopefully, this bill by @bradhoylman and I will change that.https://t.co/leH0nu5lME https://t.co/8PhoymPygK
— Jamaal T. Bailey (@jamaaltbailey) November 17, 2021
“Art is creative expression, not a blueprint of criminal plans. Yet we’ve seen prosecutors in New York and across the country try to use rap music lyrics as evidence in criminal cases,” Hoylman stated.
New York rapper Bobby Shmurda came home this year after serving six years in prison for weapons and conspiracy charges. His lyrics were also used to help prosecutors secure a conviction.
While the bill does not outright prohibit the use of lyrics in courtrooms, it does require prosecutors to show that the music is admissible through clear and persuasive evidence.
The American Civil Liberties Union previously found that rap lyrics speaking about violence and gang activity are almost only exclusively used in the cases of Black and Latino artists on trial. Bailey says this practice represents systemic racism that has long plagued the justice system.
