Can song lyrics be used as evidence in North Carolina? Here's what you need to know

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In North Carolina, song lyrics can play a significant role in criminal trials. This usage, however, comes with specific conditions and has sparked debates about potential biases and the need for legislative protections.

Key Points About Using Song Lyrics as Evidence

• Legal Precedent in North Carolina:
• • Song lyrics can be used as evidence if they are similar to the facts of the charged offense according to UNC School of Government Professor Jeff Welty.
  • In the 2006 case of State v. Allen, lyrics written by a murder trial defendant were admitted because they were found sufficiently similar to the facts of the murder.
  • In 2009, State v. Bryant saw the admission of rap lyrics found in a murder suspect's notebook, as these lyrics described shootings relevant to the case.
• Limitations and Protections Under State Law:
• • North Carolina law prevents the use of evidence if its probative value is substantially outweighed by the danger of unfair prejudice.
• Potential for Jury Bias:
• • Studies show that juries are more likely to convict defendants if presented with violent song lyrics.
  • A 1999 study indicated that participants shown lyrics written by an accused Black male were more likely to believe he committed murder.
• Federal Legislative Efforts:
• • The Restoring Artistic Protection Act (RAP Act) aims to protect artists by limiting the use of their lyrics in court.
  • The bill, reintroduced in Congress, seeks to address the over 500 cases since 2020 where prosecutors used lyrics against defendants.
  • The RAP Act currently awaits further action in the House.