We previously highlighted potential problems with the use of rap lyrics in criminal proceedings. While the media focus has been on limiting the use of rap lyrics in trials, the bill has a broad definition of “creative expression,” meaning that creators of many forms of artistic expression are protected. The judge’s ruling was based on a 2020 California law, the Racial Justice Act, which sought to combat racial bias in policing and prosecution. Just this week, a California judge overturned murder convictions of two defendants because their rap lyrics were introduced at their trial and likely injected racial bias into the proceedings. As Assembly member Reginald Jones-Sawyer, author of the legislation, noted in the bill analysis, “Even in cases where creative expressions are not admitted as evidence, its discussion in front of a jury can poison the well by allowing for explicit or implicit against certain forms of creative expression to play a role in the case.”Ĭriminal justice research has long warned of the danger of racial bias being introduced into trials through rap lyrics. Importantly, the bill requires a judge to hold a hearing weighing evidence outside the presence of the jury. treat the expression as evidence of the defendant’s propensity for violence or general criminal disposition as well as the possibility that the evidence will explicitly or implicitly inject racial bias into the proceedings. in addition to the factors listed in, that: (1) the probative value of such expression for its literal truth or as a truthful narrative is minimal unless that expression is created near in time to the charged crime or crimes, bears a sufficient level of similarity to the charged crime or crimes, or includes factual detail not otherwise publicly available and (2) undue prejudice includes, but is not limited to, the possibility that the trier of fact will. In any criminal proceeding where a party seeks to admit as evidence a form of creative expression, the court, while balancing the probative value of that evidence against the substantial danger of undue prejudice. The bill, which passed unanimously in both houses of the state legislature, requires California courts to carefully balance the value of the creative expression as evidence versus the potential undue prejudice that such expression could create: Gavin Newsom signed into law Assembly Bill 2799, known to supporters as “The Decriminalizing Artistic Expression Act.” Championed by criminal justice reform advocates and artist groups, the legislation restricts the use of lyrics and other forms of “creative expression” as evidence in California criminal proceedings. In a major victory for artistic expression, last week California Gov. (Sheila Fitzgerald ) Music to our ears: California law restricts use of artistic expression as evidence in criminal trials Gavin Newsom (pictured) has signed into law a bill that would prohibit the use of rap lyrics as evidence in a trial.
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