When Rap Lyrics Stand Trial

If artists' songs are used against them in court, what's really being judged: hip-hop or the crime?

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Lil Boosie (Ray Tamarra/Getty Images); Clyde Smith (Houma County)

(The Root) -- Torrence Hatch, the Baton Rouge, La., rapper better known to fans as Lil Boosie, faced the trial of his life in May. Charged with first-degree murder in the 2009 shooting death of Terry Boyd, Boosie stood accused of paying his friend Mike "Marlo Mike" Loudon $2,800 to carry out the hit. A conviction would have put him behind bars for good.

But local prosecutors had very little with which to work. With no physical evidence tying Boosie to the crime, they built their case on a prior confession from Marlo Mike -- a statement he later recanted at trial -- and, more important, Boosie's rap lyrics. Despite objections from defense attorneys, District Judge Mike Erwin allowed prosecutors to present lyrics from the songs "187" and "Bodybag," which they claimed provided evidence of Boosie's involvement in the murder. Fortunately for Boosie, the jurors were not convinced. After just an hour of deliberations, they found him not guilty in a unanimous decision.

Boosie may have escaped conviction, but the lingering issue raised by his case is the increasing use of rap lyrics at criminal trials across the country. Rather than treat rap music as an art form whose primary purpose is to entertain, prosecutors have become adept at convincing judges and juries alike that the lyrics are, in fact, either autobiographical confessions of illegal behavior or evidence of a defendant's propensity toward criminality. Defense attorneys can (and usually do) object, but the presiding judge, who has ultimate discretion in these matters, often allows them anyway.

According to Andrea Dennis, an associate professor at the University of Georgia School of Law who has written about rap lyrics in criminal trials, this gives government prosecutors a powerful advantage. "When courts permit the prosecutor to admit rap music lyrics as criminal evidence, they allow the government to obtain a stranglehold on the case," Dennis wrote in a 2007 journal article titled "Poetic (In)Justice? Rap Music Lyrics as Art, Life, and Criminal Evidence."

It is not exactly surprising that rappers find their lyrics used against them in this way. For years they have been vilified by critics who claim that rap and criminality go hand in hand. This is thanks in large part to lyrics that glorify illegal behavior, but also to the long list of performers who have served time in jail, effectively blurring the line between art and reality.

When they end up in court, this blurred line sometimes comes back to haunt them, and as a result, many rappers over the last two decades -- including well-known artists Mac Dre, Snoop Dogg and Beanie Sigel -- have seen their lyrics used against them in criminal proceedings. In the last several years, though, the practice has become widespread, with many cases involving amateur rappers who, imitating the conventions of commercially successful "gangsta" rap, attempt to project a criminal persona. When juries hear their lyrics, these rappers are often far less fortunate than Boosie.

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Take, as a recent example, Clyde Smith (aka "G-Red" or "Tattoo Face"), also from Louisiana. In December of 2010, Smith and three other people were pulled over when Smith was allegedly clocked going 19 mph over the speed limit. When he couldn't produce a driver's license, police searched his car and found him with the prescriptions drugs hydrocodone, Xanax and Soma, which he had purchased in neighboring Texas. Despite the fact that he had prescriptions for all of the drugs, that no pills were missing from any of the containers and that he had a documented medical condition that justified his use of the drugs, he was charged with possession with intent to distribute.

At trial the following May, the judge overruled vigorous objections from defense counsel and allowed the prosecutor to show the jury two YouTube videos. In one, a video for a song called "B.M.F. Freestyle," Smith raps, "Another trip to Texas ... we going doctor shopping." In another video, called "Behind-the-Scenes," Smith -- still in character as G-Red, but talking instead of rapping -- insists to the camera that "We really do the sh-- that we rap about. Like, we really take those trips." Although he took the stand and repeatedly claimed that his raps were fiction and intended to entertain, the predominantly white jury had seen all it needed. 

Smith was found guilty and, because he had a prior record, was sentenced to a jaw-dropping 30 years in prison. According to Carolyn McNabb, his attorney, the rap lyrics were "the primary motivator for the guilty verdict." Despite having a very strong defense, she knew that the YouTube videos were going to seal the outcome. "I knew when the jury saw them, it was over," she said. "That's why I fought so hard to keep them out."

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