Go here to download the Second Edition of RAP ON TRIAL: A LEGAL GUIDE.
Go here to view the RAP ON TRIAL BRIEF BANK.
Go here to view the RAP ON TRIAL CASE COMPENDIUM.
In January 2024, we released the Second Edition of Rap On Trial: A Legal Guide. Since the first edition of the Guide was published in 2021, there have been many developments related to the use of rap lyrics and videos used in criminal proceedings. To keep up with these developments, co-authors Jack Lerner and Charis Kubrin, with the help of students in the UCI Intellectual Property, Arts, and Technology Clinic, have made numerous revisions and introduced new sections that reflect how “Rap on Trial” has evolved over the past few years.
Changes in the second edition of Rap on Trial: A Legal Guide include:
- A new section on implicit bias and how attorneys can help courts curb its influence.
- Analysis of major legislative developments like California’s AB 2799, the Decriminalizing Artistic Expression Act of 2022, which is the nation’s first-ever legislation to place guardrails on the use of rap lyrics in criminal proceedings. We also discuss the California Racial Justice Act, and how it interacts with Rap on Trial
- Analysis of negative media treatment of rap music spanning more than four decades, and the effects of that coverage
- Discussion on how the legal environment has affected rap music, including the emergence of “cappin'” disclaimers before songs or at the beginning of albums
- Discussion of the use of ghostwriters in rap music
- New ways of thinking about Rap on Trial, such as a cautionary note on using the term “gangsta rap,” which can introduce prejudice in the court room
- Coverage of the emerging use of state RICO statutes in the context of Rap on Trial, such as in the closely-watched YSL trial in Georgia
Since the Guide‘s original release, we have talked with hundreds of attorneys dealing with this issue, and their feedback on the Guide has been invaluable. And there has been important progress in the national conversation about systemic racism in the criminal justice system and how it relates to the “Rap on Trial” phenomenon. Despite the progress, prosecutors still attempt to use rap lyrics against young Black and Brown artists whenever they can. Much work still remains, and it is our hope that this guide will educate the public and aid attorneys in the fight against this pernicious practice.
Rap On Trial: A Legal Guide for Attorneys is a legal guide to help attorneys defend against the use of rap lyrics in criminal proceedings. This manual, co-authored by Jack Lerner and Charis Kubrin with members of the IPAT Clinic, is a comprehensive resource for attorneys dealing with rap lyrics introduced at any stage of criminal proceedings — from initial discovery to trial to sentencing. The guide includes explanations of common rap conventions that may be unfamiliar to lawyers and jurors, an overview of empirical research on rap and bias, legal grounds for evidentiary and First Amendment challenges to admitting lyrics into trial, and suggestions for jury selection.
As a companion to the Legal Guide, we have created a Case Compendium that provides abstracts and data on key Rap on Trial cases , and a Brief Bank that collects briefs and trial materials from successful challenges to the use of rap lyrics in criminal proceedings. These resources will be periodically updated as case law develops and new strategies emerge. The latest versions, along with additional information, are available on this page and at https://endrapontrial.org.
The latest version of the Rap on Trial Legal Guide is Version 2.1, released June 10, 2024.