Abstract

Excerpted From: Julia Mitrano, Rhymes to Crimes: Massachusetts Courts' Use of Rap Lyrics as Evidence - An Unconstitutional Practice Rooted in Racial Bias, 30 Suffolk Journal of Trial and Appellate Advocacy 21 (2024-2025) (140 Footnotes) (Full Document)

Rap music is a rich art form, characterized by a rhythmic conveyance of poetic lyrics, that is not only entertaining in nature, but a creative outlet historically utilized by people of color to express their culture and experiences in modern society. Since its inception, rap music has been met with a duality of praise and disdain. Unlike any other genre, it has been treated uniquely in the courtroom, with prosecutors increasingly using rap lyrics as evidence in criminal trials, taking the words literally and stripping them of any artistic value. This stark contrast between the legal treatment of rap music and other music genres is rooted in harmful racial bias.

In many courts, protection of free speech under the First Amendment has not been applied to the rules of evidence, leaving the admissibility of lyrics to be analyzed on a case-by-case basis. Massachusetts courts have been inconsistent in their admission of rap lyrics as evidence. In 2023, the Massachusetts Supreme Judicial Court in Commonwealth v. Correia held that the defendant was not prejudiced by the admission of his rap lyrics when the lyrics were used to rebut the defendant's theory of self-defense. This note proposes that the Massachusetts judiciary adopt a uniform evidentiary restriction on the use of rap lyrics in the courtroom. The note will proceed by exploring the origins of rap music and the roots of its criminalization, followed by the historical implications of the First Amendment freedom of speech and its application to art as protected speech. The note will then contrast the use of rap lyrics in Massachusetts courts with other jurisdictions in the United States, ultimately suggesting that Massachusetts adopt a more consistent and strict evidentiary standard for the admission of rap lyrics as evidence. The continued criminalization of rap music will not only perpetuate the racial bias that exists in our society, but it will silence a future generation of rappers who limit their creativity in fear of prosecution.

[. . .]

Rap is a complex, creative form of art that was born out of a response to political and social injustices experienced by communities of color. Rap music is not afforded the same artistic freedom as other genres, as its lyrics are disproportionately used as prosecutorial evidence, primarily targeting young men of color. While some specific lyrics may provide a strong, direct nexus to the crime alleged, most are fictional and should not be introduced as evidence of a defendant's character or criminal tendency. Unfortunately, courts continue to disregard the First Amendment when applying the rules of evidence to rap lyrics, thereby facilitating unconstitutional violations of free speech.

Massachusetts courts have failed to adopt a consistent evidentiary standard for rap lyrics, allowing for the admission of lyrics that bear no relevance to the case. An indirect nexus between the lyrics introduced and the crime alleged is unacceptable. Rather than deciding on a case-by-case basis, Massachusetts courts should implement a stricter evidentiary standard that either eliminates the admission of rap lyrics entirely, or severely limits it. Expert testimony may be useful in determining the relevance of lyrics; however, judges should use their discretion in qualifying experts to testify about rap lyrics and music.

The use of rap lyrics as a prosecutorial tactic is not only harmful to defendants accused of crimes based on irrelevant, fictional lyrics, but it is also detrimental to rap as a genre. The continued suppression of artistic freedom will extinguish creativity and result in a generation of rappers who are afraid to express themselves. It is crucial that we continue to shed light on this issue. We must encourage our judiciary and legislators to make definitive changes to keep rap lyrics out of the courtroom.