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Abstract

Rap music is a legitimate, commercially successful industry, which provides opportunities to amass or achieve wealth. Drill rap, is an internationally popular sub-genre originating from the streets of Chicago in the early 2010s. It addresses some common themes or issues seen before in previous rap songs. However, it focuses nearly exclusively on violence, crime, guns, and drugs. Furthermore, it does so in a nihilistic manner. In fact, international drill artists often wear masks to avoid being targeted. For this reason, it is easily susceptible to being misinterpreted as reality—especially on serious matters such as life, liberty, and the criminal justice system. It’s a tale as old as time, a person sees what they want to see and hears what they want to hear. Especially when you’re told what something means.

Implicit bias is in all of us. It is the invisible influence which shapes the way people receive and process information. While it is not necessarily a bad thing on its own, one must be cognizant of it to ensure that they are not falling victim to it. Given the potential harm defendant-artists face given the controversial nature of the lyrics, especially, when under criminal trial it is important to handle this “evidence” within its proper weight. It also provides necessary background on implicit bias and argues that the purpose of evidence may be better served not hearing this evidence. This note addresses how courts should handle defendant-authored drill rap to ensure that people are tried for their actions rather than their lyrics.

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