If The Criminal Justice System Treated Other Music The Way It Treats Rap

Around the nation, police and prosecutors are using lyrics from rap songs to incriminate suspects and obtain convictions, often in the absence of traditional forms of evidence. In this way, rap music, and by extension the artists behind it, face unique scrutiny in the criminal justice system.



The vague protocols and laws that enable this practice are used almost exclusively against young black men, the individuals most likely to be creating rap music. Whether this is by design or coincidence, the mentality that enables the practice is racially tinged and troubling.



In courtrooms, jurors are told by prosecutors, who sometimes misinterpret or manipulate rap lyrics, to view an artist's words as literal autobiography, rather than metaphorical or exaggerated storytelling. This works with disturbing effectiveness, critics say, because rap songs often contain lyrics that reinforce racial stereotypes about black males and hyper-sexuality or violence -- helpful when the prosecutor is trying to make the defendant out to be an actual criminal.



But when did we decide that the content of a song is a direct reflection of the songwriter's character -- and that it's evidence of real-life actions undertaken by that person? When did we decide there's no clear distinction between the world an artist creates and the world he or she actually lives in?



Would we ever have suspected Johnny Cash of actually being a cold-blooded killer?







Johnny Cash, "Folsom Prison Blues"



But I shot a man in Reno just to watch him die

When I hear that whistle blowing, I hang my head and cry...






Erik Nielson, a professor at the University of Richmond who has studied the prosecution of rap lyrics extensively, told The Huffington Post that he's identified "hundreds of cases" in which rap lyrics have played a significant role. There have been reports of police and prosecutors being encouraged to examine rap songs for possible use in legal proceedings. And the strategy appeals to yield results in court.



If the criminal justice system treated other kinds of music the way it treats rap, all of the artists below would be seen as suspects. Their lyrics could be considered confessions, and might be cited as evidence of the artists' criminal psyches or proof of their personal connection to actual crimes.



That would be completely ridiculous, of course. So why should rap music be any different?







Third Eye Blind, "Slow Motion"



Miss Jones taught me English

But I think I just shot her son

'Cause he owed me money

With a bullet in the chest you cannot run

Now he's bleeding in a vacant lot

The one in the summer where we used to smoke pot

I guess I didn't mean it

But man, you shoulda seen it

His flesh explode







Guns N' Roses, "Used to Love Her"



I used to love her, but I had to kill her

I knew I'd miss her, so I had to keep her

She's buried right in my backyard







Neil Young, "Down by the River"



Down by the river I shot my baby

Down by the river, dead, dead

Shot her dead, shot her dead







Bob Marley, "I Shot the Sheriff"



I shot the sheriff

But I say, but I didn't shoot no deputy

I didn't shoot no deputy







Dixie Chicks, "Goodbye Earl"



Earl had to die, goodbye Earl

We need a break, let's go out to the lake, Earl

We'll pack a lunch, and stuff you in the trunk, Earl

Is that alright? Good! Let's go for a ride, Earl







Maroon 5, "Wake Up Call"



Caught you in the morning with another one in my bed

Don’t you care about me anymore?

Don’t you care about me? I don’t think so

Six foot tall

Came without a warning so I had to shoot him dead

He won’t come around here anymore

No, he won’t come around here, I don’t feel so bad







Rihanna, "Man Down"



Oh, mama, mama, mama

I just shot a man down

In central station

In front of a big ol' crowd







Tom Jones, "Delilah"



She stood there laughing

I felt the knife in my hand and she laughed no more

My, my, my, Delilah

Why, why, why, Delilah

So before they come to break down the door

Forgive me Delilah I just couldn't take any more







Macy Gray, "I've Committed Murder"



I've committed murder and I think I got away

I'm hiding at my mother's house, come get me right away, right away

I have no intention of paying for my crimes, don't fear

We're gonna get the next plane outta here and fly away, fly away







Cher, "Dark Lady"



So I sneaked back and caught her with my man,

Laughing and kissing till they saw the gun in my hand

The next thing I knew they were dead on the floor,

Dark lady would never turn a card up anymore







Gwar, "Gonna Kill U"



I'm gonna kill you

Gonna cut your pretty face all up

Gonna smack

Gonna break

Gonna maim

Gonna kill you

I said

Gotta do what I have to, gotta forget all about you

And I ain't gonna give you anything

And I am gonna track you down, I guess...

I'm gonna kill you







The Killers, "Jenny Was a Friend of Mine"



We took a walk that night but it wasn't the same

We had a fight on the promenade out in the rain

She said she loved me but she had somewhere to go

She couldn't scream while I held her close

I swore I'd never let her go



Tell me what you wanna know

Oh come on, oh come on, oh come on

There ain't no motive for this crime

Jenny was a friend of mine

So come on, oh come on, oh come on




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