Thursday, January 27, 2022

Bad Rap? Significant (Welcome) Development: New York State Senate is studying a bill that would limit prosecutors' authority to use defendants' rap lyrics as evidence of suspected crimes,| Music Times (Reporter Ivan Korrs) reports..."Brought forward by Democrat senators Brad Hoylman and Jamaal Bailey and assembly member Catalina Cruz, the bill aims to limit the admissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding. With this bill passed, authorities cannot use an artists' music as evidence to prosecute them in a criminal proceeding. If used, prosecutors must provide "clear and convincing evidence" that the expression in the art piece is "literal, rather than figurative or fictional". Hoylman uses two instances to illustrate the discrepancy between rap lyrics being used as proof and other kinds of expression. He claimed that no one believes Johnny Cash "shot a man in Reno just to watch him die," nor does anyone believe David Byrne is a "psycho killer." In support for the cause Erik Nielson, a University of Richmond professor who co-authored the 2019 book Rap on Trial, studied "the alarming use of rap lyrics as criminal evidence to imprison and incarcerate young men of color,."


PASSAGE OF THE DAY: "Nielson collaborated with Alex Spiro, Jay-Z's lawyer who penned the circulating letter that rappers have signed to urge the bill's passing. Killer Mike (actual name Michael Render) and Nielson authored an essay for Vox in 2015. Their piece asserted that rap lyrics were being used as "admissions of guilt" in court, citing the manslaughter conviction of hip-hop musician McKinley "Mac" Phipps as an example of this practice. According to Rolling Stone, the late Drakeo the Ruler was one of the rappers who served time in prison after prosecutors used lyrics from his 2016 song 'Flex Freestyle' to convict him of a crime.  Darrell Caldwell, also known by his stage as Drakeo, served three years in jail after being charged with the 2016 murder of a man who was waiting outside a party in Carson, California."

STORY: "Rappers Pushes For Senate Bill Stopping New York Prosecutors To Use Rap Lyrics As Evidence," by ReporterIvan Korrs, published by Music Times, on January 19, 2022.

GIST: "In favor of a proposed New York state bill that would limit prosecutors' authority to use defendants' rap lyrics as evidence of suspected crimes, celebrities such as Jay-Z, Meek Mill, Big Sean, and others have banded together. 


A letter signed by the rap legends, according to Rolling Stone, is being circulated among state politicians, urging them to pass Senate Bill S7527


Initially introduced in November and passed through the Senate Codes committee earlier this week, the bill is intended to be turned into a complete state law. Fat Joe, Kelly Rowland, and Killer Mike are among the celebrities who have signed on to the letter.


The Senate bill

The bill urged to be turned into a state law is Senate Bill S7527. 


Brought forward by Democrat senators Brad Hoylman and Jamaal Bailey and assembly member Catalina Cruz, the bill aims to limit the admissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding. 


With this bill passed, authorities cannot use an artists' music as evidence to prosecute them in a criminal proceeding. 


If used, prosecutors must provide "clear and convincing evidence" that the expression in the art piece is "literal, rather than figurative or fictional".


Hoylman uses two instances to illustrate the discrepancy between rap lyrics being used as proof and other kinds of expression. 


He claimed that no one believes Johnny Cash "shot a man in Reno just to watch him die," nor does anyone believe David Byrne is a "psycho killer."


In support for the cause

Erik Nielson, a University of Richmond professor who co-authored the 2019 book Rap on Trial, studied "the alarming use of rap lyrics as criminal evidence to imprison and incarcerate young men of color,". 


Nielson collaborated with Alex Spiro, Jay-Z's lawyer who penned the circulating letter that rappers have signed to urge the bill's passing.


Killer Mike (actual name Michael Render) and Nielson authored an essay for Vox in 2015. 

Their piece asserted that rap lyrics were being used as "admissions of guilt" in court, citing the manslaughter conviction of hip-hop musician McKinley "Mac" Phipps as an example of this practice.


According to Rolling Stone, the late Drakeo the Ruler was one of the rappers who served time in prison after prosecutors used lyrics from his 2016 song 'Flex Freestyle' to convict him of a crime. 


Darrell Caldwell, also known by his stage as Drakeo, served three years in jail after being charged with the 2016 murder of a man who was waiting outside a party in Carson, California."


The entire story can be read at:


https://www.musictimes.com/articles/83727/20220119/rappers-pushes-senate-bill-stopping-new-york-prosecutors-use-rap.htm

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Read related Guardian story at link below: "In a study of 30 appeal judgments between 2005 and 2020, London School of Economics law professor Abenaa Owusu-Bempah found that “prosecutors can use lyrics and videos to tell a story of a dangerous rapper that reflects longstanding stereotypes about Black males as criminals”. She said that “rap music is usually presented in court as ‘bad character evidence’,” but had also been used as direct evidence."


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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

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SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;