Art Not Evidence: Issues and Implications of Prosecuting Rap

The Art Not Evidence campaign launched at the end of 2023 to advocate for a restriction on the use of creative expression as evidence in criminal trials. The campaign addresses the criminalisation of rap music, including the increasing use of lyrics and music videos as evidence against young people accused of crime. By disregarding the culture and conventions of the genre, and by asking courts and juries to take the music literally, police and prosecutors not only undermine the positive aspects of rap, denying its status as an art form and stifling creativity, but also perpetuate harmful racist stereotypes and create a risk of wrongful conviction.

Across two sessions, we will hear from experts on the cultural significance of rap music and the issues and implications of prosecuting rap, including: colonial legacies in the criminalisation of drill music; use of drill music in ‘joint enterprise’ trials and to construct gang narratives; the need to instruct expert witnesses; Criminal Behaviour Orders to restrict the creation of music; and the implications for freedom of expression.

The event provides information and insight for anyone interested in the criminal justice response to rap and popular culture, and the current efforts for legal reform. It also provides practical information and tools for those who work in the criminal legal system, music industry, or who create (or support those who create) music.

https://lselaw.events/event/art-not-evidence-issues-and-implications-of-prosecuting-rap/

Session 1 – (0:00)

Adèle Oliver – Considering Colonial Legacies in the Criminalisation of UK Drill (8:30)

Nisha Waller – The Conviction-Maximising Role of ‘Gang’ Narratives and Drill Music in ‘Joint Enterprise’ Trials (24:38)

Eithne Quinn – Compound Injustice: A review of cases involving rap music evidence in England and Wales (43:10)

Session 2 – (58:32)

Danielle Manson​​​​ – Criminal Behaviour Orders: A Purge on Drill? (1:05:12)

Audrey Cherryl Mogan – On Expert Evidence (1:26:12)

Owen Greenhall – Rap: Crime, Contempt and Article 10 (1:45:40)

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