The Soundtrack of Crime
I have always been fascinated by the power of music to express the emotions and experiences of the human condition. However, in recent years, the use of music as evidence in criminal trials has raised serious questions about the limits of free of speech and artistic expression. This issue has been highlighted recently in Atlanta, Georgia with the R.I.C.O, conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, charges brought against the musicians of the YSL record label. The questionable evidence in the case is spearheaded with the lyrics and social media posts of the artists. This tactic seems like an obvious misrepresentation that allows the perception of guilt and complicates reasonable doubt. Musicians are artists and artists create art. It isn’t up to the consumers of art to determine an artists inspirations and motivations in the moments where art is created. Ironically, the legal system is doing this as basis for criminal charges, particularly in hip-hop and rap music.
The R.I.C.O Act was passed by the United States Congress in 1970 as a tool to combat organized crime in American mafias. R.I.C.O loosely defines “criminal organization” as any group of individuals involved in a pattern of criminal activity. This allows for the prosecution of not only the individuals involved in a pattern of criminal activity but also the organization as a whole. Originally based on music lyrics, the Atlanta district attorney alleges YSL, the record label, is associated and somehow incorporated to YSL, the Atlanta street gang. As outrageous as the claims may be, these early assumptions fueled the fabrication of the case.
The YSL record label was founded in 2016 by Atlanta native Young Thug. The record label has been extremely successful with a roster that includes Gunna, Lil Duke, Yak Gotti, and Lil Keed, rest in peace. These artists and several others were arrested and implicated to be involved in various alleged crimes on the indictment. Although everyone arrested maintains their innocence, they were forced to stay incarcerated for several months while they awaited trial. This unjust practice limits a defendant’s opportunity to prove their innocence. It’s also disturbing to think innocent people could be sitting in jail and completely forgotten about.
The use of music as evidence in this case is not unique. In fact, it has become increasingly common in trials involving hip hop and rap music. For example, in 2015, rapper Bobby Shmurda was arrested on charges of conspiracy to commit murder, weapons possession, and reckless endangerment. The prosecution used his lyrics, which contained references to gang activity and violence, as evidence to support their case. It’s important to note these artists often depict stories from the environments they are inevitably born in. The problem with using music as evidence in criminal trials is that it jeopardizes free speech and artistic expression. When artists are forced to censor themselves for fear of incriminating themselves in a future trial, it stifles their ability to create authentic and meaningful art. It also raises questions about the role of the government in regulating artistic expression.
Furthermore, the use of music as evidence can be highly subjective. Do we stop at music or do we start analyzing screenplays and novels? What one person interprets as a confession to a crime, another person may interpret as a metaphor or a work of fiction. The fact that music is often used as evidence in cases involving hip hop and rap music raises questions about racial bias in the criminal justice system. Is it fair that one genre of music is singled out for scrutiny in this way?
We need to have a serious conversation about the use of music as evidence in criminal trials. While it is certainly important to bring those who commit crimes to justice, we must also be careful not to infringe on the rights of artists to express themselves freely. The YSL R.I.C.O case is just one example of the many ways in which the criminal justice system can impinge on the creative freedom of artists. It is up to all of us to ensure that the voices of artists are heard and protected.