California Restricts Prosecution’s Ability to Use “Creative Output” at Criminal Trials

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Rap lyrics have often been used against criminal defendants in trials. Lyrics can paint a picture for the jury even when the song or the use of the song obviously has nothing at all to do with the alleged crime.

Often, rap lyrics can serve as almost the only evidence in the trial. There are many cases where there is very little evidence of any other kind to present. Lyrics are often taken out of context. 

This happened as recently as this year, to the rapper known as Young Thug, who was accused of felony drug possession, armed robbery, and murder. We rarely see similar cases where, say, a novelist has the contents of their novel brought up onto the stand to serve as evidence against them in a murder trial. We don’t see a lot of horror movie directors being brought up on charges based on the plotlines they bring to the masses. As many have pointed out, the practice of using artistic output to score convictions is usually restricted to rap music. 

Fortunately, California law now requires judges to ask, away from the jury, whether there is sufficient proof that any artistic expression is directly part of the criminal act on trial. The law is the Decriminalizing Artistic Expression Act. The act does cover all forms of expression…even those which aren’t commonly brought up at trial, like rap music is. 

Unfortunately, the law still leaves a great deal up to judges, who can decide to allow rap music evidence to be entered into evidence. The law still seems to believe that what a person writes in the course of pursuing a musical career might ever be relevant to whether or not you committed an actual crime. One argument is that some rappers really do confess to crimes while writing lyrics. 

All of this means that your California criminal lawyers will probably still have to fight to get this evidence suppressed if necessary. 

Nevertheless, the law has given your criminal lawyers a fighting chance to do just that. 

In trouble? Need help? You don’t have to be a famous musician to get top notch legal defense. Reach out to Greco Neyland to schedule a case review today.

See also:

Do You Really Need a Los Angeles Criminal Lawyer if You’re Innocent? 

How Important is Eye Witness Testimony in Your Los Angeles, CA Case? 

What to Do If You Get Arrested in Los Angeles, CA

California Restricts Prosecution’s Ability to Use “Creative Output” at Criminal Trials

inne-rpage-seperator

Rap lyrics have often been used against criminal defendants in trials. Lyrics can paint a picture for the jury even when the song or the use of the song obviously has nothing at all to do with the alleged crime.

Often, rap lyrics can serve as almost the only evidence in the trial. There are many cases where there is very little evidence of any other kind to present. Lyrics are often taken out of context. 

This happened as recently as this year, to the rapper known as Young Thug, who was accused of felony drug possession, armed robbery, and murder. We rarely see similar cases where, say, a novelist has the contents of their novel brought up onto the stand to serve as evidence against them in a murder trial. We don’t see a lot of horror movie directors being brought up on charges based on the plotlines they bring to the masses. As many have pointed out, the practice of using artistic output to score convictions is usually restricted to rap music. 

Fortunately, California law now requires judges to ask, away from the jury, whether there is sufficient proof that any artistic expression is directly part of the criminal act on trial. The law is the Decriminalizing Artistic Expression Act. The act does cover all forms of expression…even those which aren’t commonly brought up at trial, like rap music is. 

Unfortunately, the law still leaves a great deal up to judges, who can decide to allow rap music evidence to be entered into evidence. The law still seems to believe that what a person writes in the course of pursuing a musical career might ever be relevant to whether or not you committed an actual crime. One argument is that some rappers really do confess to crimes while writing lyrics. 

All of this means that your California criminal lawyers will probably still have to fight to get this evidence suppressed if necessary. 

Nevertheless, the law has given your criminal lawyers a fighting chance to do just that. 

In trouble? Need help? You don’t have to be a famous musician to get top notch legal defense. Reach out to Greco Neyland to schedule a case review today.

See also:

Do You Really Need a Los Angeles Criminal Lawyer if You’re Innocent? 

How Important is Eye Witness Testimony in Your Los Angeles, CA Case? 

What to Do If You Get Arrested in Los Angeles, CA

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