Judge Overturns Murder Convictions, Citing Use of Rap Lyrics at Trial

The New York Times, October 4, 2022: Judge Overturns Murder Convictions, Citing Use of Rap Lyrics at Trial

“A judge in California vacated the murder convictions of two Black men on Monday, finding that the prosecution had most likely injected racial bias into the trial by quoting the men’s rap lyrics and repeating their use of a racial slur, court records show.

“The ruling was the first by a judge in California to find that the use of rap lyrics violated the Racial Justice Act, a state law signed in 2020 that seeks to prevent racial and ethnic discrimination in criminal trials, Mary McComb, the state public defender, said on Tuesday.

“The decision was of particular interest because Gov. Gavin Newsom signed an expansion of the law last week. He also signed a separate bill that restricted the use of rap lyrics and other creative works as evidence in criminal proceedings. Although the decision did not hinge on the expansion, it could pave the way for similar challenges, defense lawyers said.

“‘This case realizes the promise of the California Racial Justice Act, which was designed to prohibit racial bias in policing, prosecution and sentencing,’ Ellen McDonnell, the public defender in Contra Costa County, where the convictions were overturned, said in a statement.

“Mr. Newsom’s expansion of the law was designed, she added, ‘to prevent, as much as possible, this type of unjust verdict.’”

Additional reading:

Vulture, September 30, 2022: California’s Landmark Rap-Lyrics Bill Is Now State Law

Complex, May 20, 2022: Bobby Shmurda Is ‘Grateful’ NY State Senate Passed ‘Rap Music on Trial’ Bill, Says It Needs to Happen in Georgia

Variety, January 5, 2021: Rap Lyrics Now Admissible as Court Evidence: A Dangerous Precedent