When Music Takes the Stand: An Examination of Rap's Influence in Court Cases

abstract: Hip-hop’s popularity has been steadily increasing since the late 1980s, with it becoming the most streamed genre of music in 2017. This rise in popularity is matched by an increase in the number of criminal court cases which implement one of hip-hop’s primary features, rap, as evidence. In order to build upon prior research regarding rap music’s implications in legal proceedings and begin to understand what impact this phenomenon might have, this study examines the function of rap music within a sample of court cases. The research was conducted using a qualitative content analysis. The sample consists of 184 criminal cases from a five-year-period selected from the LexisNexis®Academic database. From these cases, 7 principal patterns were established: (1) gang affiliation, (2) descriptions of criminal acts, (3) impermissible character evidence, (4) criminal intent, (5) threats, (6) artistic expression, and (7) inciting incidents. Each of these patterns was examined and analyzed with respect to the function of rap evidence within each case. Among these patterns, the most common was rap evidence bearing gang affiliation, and the least common was rap’s direct use in incidents which resulted in a criminal charge. Most cases, with its use as a threat being the major exception, appeared to implement rap as a supplementary piece of evidence. The analysis demonstrated that the increased usage of rap evidence in the criminal proceedings attests to the significant impact that the hip-hop genre can have a have on individual cases. This impact is defined by the function of rap evidence, and in this sense the contextual and historical significance of rap music becomes a factor in how it is utilized as a tool in the legal system