New Jersey Supreme Court: 'Violent, Profane, and Disturbing Rap Lyrics' Inadmissible in Attempted Murder Trial
In 2005 prosecutors in New Jersey pointed to the violent rap lyrics written by a criminal suspect as evidence of that man's "motive and intent" to commit murder and other misdeeds. During the trial, those lyrics—which had zero connection to the actual crimes at issue—were read to the jury, which ultimately voted to convict the man of attempted murder.
In an opinion issued on Monday, the New Jersey Supreme Court nullified that verdict, ordering a new trial on the grounds that "the violent, profane, and disturbing rap lyrics authored by defendant constituted highly prejudicial evidence against him that bore little or no probative value as to any motive or intent behind the attempted murder offense with which he was charged." Unless such material has "a direct connection to the specifics of the offense," the court ruled, prosecutors are forbidden from introducing it as evidence.

The New Jersey Supreme Court got it right. As the ACLU noted in an amicus brief it filed in the case, "that a rap artist wrote lyrics seemingly embracing a world of violence is no more reason to ascribe to him a motive and intent to commit violent acts" than it would be "to indict Johnny Cash for having 'shot a man in Reno just to watch him die.'"
The New Jersey Supreme Court's ruling in State v. Skinner is available here.
Editor's Note: As of February 29, 2024, commenting privileges on reason.com posts are limited to Reason Plus subscribers. Past commenters are grandfathered in for a temporary period. Subscribe here to preserve your ability to comment. Your Reason Plus subscription also gives you an ad-free version of reason.com, along with full access to the digital edition and archives of Reason magazine. We request that comments be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of reason.com or Reason Foundation. We reserve the right to delete any comment and ban commenters for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
You know who else shot a man in Reno, just to watch him die?
Johnnie Walker!
Say, if you get shot in the Reno, is that normally instantly fatal, or do you have to exsanguinate from it?
It depends on a long list of variables.
Apparently, Alt Text was banned in this case, as well.
To be fair to Johnny Cash, "Folsom Prison Blues" is a lament by the guy who shot the man in Reno, about he he'll never get out of prison, and not only that, he has to hear trains full of free people passing by. Hardly a paean to violence.
The line immediately after "just to watch him die" is "when I hear that whistle blowin', I lay me down and cry."
https://www.youtube.com/watch?v=HxAa83gP9vc
about *how* he'll never get out prison.
*hang my head* and cry
Now, in contrast this NSFW production:
https://www.youtube.com/watch?v=Dj8xB8jKG94
I owe you big time for that one, NGKC!
Thank you - my only goal was to avoid another printer video.
By the way, I notice that Sting worked as a teacher, and later his group The Police did a song about a teacher who had an affair with a student. What's up with that?
(On the advice of my attorney, I note that the foregoing was simply a joke.)
Honest question. I understand the argument being made here, but what is the legal basis for excluding this "evidence"? As devil's advocate, I would say let more, rather than less, evidence be submitted and then let the jury decide if it's relevant. Isn't that part of their job? Or is that a naive position?
So the rapper wrote extensively about murderous violence--and then attempted murderous violence.......and this is inadmissable?
Does that make sense to anyone? Well, anyone with a brain, anyway?