The documented cases are only a fraction of the actual number, Nielson said, as many rap-related cases are not reported or do not make it to trial.
Nielson, who teaches African American studies at the University of Richmond, is also the co-author of “Rap on Trial: Race, Lyrics, and Guilt in America,” a book that examines how rap lyrics are used as evidence in criminal cases.
He argues that rap lyrics are often taken out of context and misinterpreted by prosecutors, judges and juries who are unfamiliar with the genre’s conventions, such as hyperbole, metaphor and storytelling.
“Rap is a form of artistic expression that draws on a long tradition of African American oral culture,” Nielson said. “It’s not a literal confession of crimes, but a way of commenting on social issues, expressing emotions and creating narratives.”
Nielson said that rap lyrics are also subject to racial bias, as most of the defendants in rap-related cases are Black or Latino. He said that rap lyrics are used to reinforce stereotypes of young men of color as violent, dangerous and criminal.
“The use of rap lyrics in courtrooms is a form of racial profiling,” Nielson said. “It’s a way of saying that these people are not artists, but thugs who deserve to be punished.”
Nielson and his team have been working to educate lawyers, judges and jurors about the cultural and artistic context of rap lyrics. They have also been providing expert testimony and consulting services in rap-related cases across the country.
One of the cases they worked on was that of Olutosin Oduwole, a college student and aspiring rapper who was arrested in 2007 for allegedly plotting a mass shooting on his campus in Illinois. The main evidence against him was a piece of paper with rap lyrics that mentioned guns and violence.
Nielson testified that the lyrics were not a threat, but a draft of a song that Oduwole was working on. He explained that the lyrics used common rap tropes and references to other songs and artists.
Oduwole was convicted of attempting to make a terrorist threat and sentenced to five years in prison. He appealed his conviction and was released in 2013 after serving four years. His case was featured in the documentary “Rapping for Freedom.”
Nielson said that cases like Oduwole’s show the need for more awareness and understanding of rap music and culture in the legal system.
“Rap is not on trial, but the people who make it are,” Nielson said. “We need to recognize rap as a legitimate and valuable form of art, not as evidence of guilt.”
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