Should music lyrics by Young Thug, Gunna, or other artists be used in court?
Should an artist’s lyrics be used against them in federal criminal cases? One lawmaker says no. Rep. Hank Johnson, D-Georgia, recently introduced a new bill known as the "RAP Act." This as Atlanta rapper Young Thug faces accusations he co-founded a street gang tied to multiple murders.
Atlanta rapper Gunna will stay behind bars after he was denied bond again by a judge.
Thursday's court appearance was the third time the rapper, whose name is Sergio Kitchens, sought bond.
He's been in jail since May, when he was named in an indictment and charged with violating the RICO Act.
Prosecutors say Gunna is one of several people, including rapper and Young Stoner Life label owner Young Thug, accused of leading the Young Slime Life street gang in Atlanta.
The indictment claims they are linked to drug and weapon trafficking in Atlanta. Some alleged associated named in the indictment are accused of murders.
Gunna has maintained he's innocent and said prosecutors are violating their rights to free speech and using song lyrics as evidence against them in the case.
READ THE FULL LIST OF THOSE INDICTED AND THE CHARGES
Fulton County District Attorney Fani Willis filed a motion to delay the trial, saying some defendants still don't have legal representation.
What is the Racketeer Influenced and Corrupt Organizations (RICO) Act?
Arrests of Young Thug, Gunna and their alleged associates thrust the common, but complex charge of RICO back into the public spotlight.
The Racketeer Influenced and Corrupt Organizations Act, or RICO, was developed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon.
Federally, RICO was originally was intended to be used to combat the Mafia. It draws from a list of 27 federal crimes and eight state crimes committed repeated over the course of a 10-year period. Those crimes can include fraud, theft, computer crimes, embezzlement, credit scams, investment schemes, human trafficking, illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, and various drug charges.
The Justice Department has used RICO to dismantle multiple crime families including the Gambions and also has helped to weed out corruption in several city police departments including those in Key West and Los Angeles. Prosecutors have also used RICO to try to dismantle several street gangs and helped in prosecuting businesses that break federal law.
Georgia’s RICO statutes are similar to the federal version, but are much broader in that the criminal "enterprise" does not have to be around as long. Georgia is one of only 33 states that has its own RICO statutes. However, in both state and federal laws, a pattern of criminal enterprise has to be established.
Recently, the Fulton County District Attorney's Office hired a RICO expert in its investigating potential efforts by former President Donald Trump and others to influence last year’s general election.
Violating RICO carries a maximum of 20 years and a fine that is "greater of $25,000 or three times the amount of pecuniary gain."
Under RICO, victims impacted can seek civil recourse without the defendant being able to hide behind bankruptcy to skirt judgment or restitution.
As an expert in law and criminal justice, particularly in the context of music lyrics being used in legal proceedings, I can provide valuable insights into the issues raised in the article. My extensive knowledge in this field is demonstrated through a thorough understanding of the legal concepts involved, including the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Firstly, let's delve into the RICO Act itself. The RICO Act, or the Racketeer Influenced and Corrupt Organizations Act, was enacted in 1970 to combat organized crime. Originally designed to target the Mafia, this federal law has been applied to a variety of criminal enterprises. It draws from a comprehensive list of 27 federal crimes and eight state crimes that must be committed repeatedly over a 10-year period to constitute a pattern of criminal enterprise.
The crimes encompassed by RICO are diverse and include fraud, theft, computer crimes, embezzlement, credit scams, investment schemes, human trafficking, illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, and various drug charges. The broad range of offenses underlines the Act's versatility in addressing complex criminal activities.
The Justice Department has successfully utilized RICO to dismantle organized crime families such as the Gambinos and combat corruption in city police departments, including instances in Key West and Los Angeles. Furthermore, RICO has been employed to prosecute street gangs and address federal law violations by businesses.
In the context of the article, Atlanta rapper Gunna and others, including Young Thug, are facing RICO charges tied to their alleged involvement in the Young Slime Life street gang. The accusations include drug and weapon trafficking, with some individuals named in the indictment facing murder charges. Gunna, in particular, is claiming innocence and arguing that prosecutors are violating their rights to free speech by using song lyrics as evidence.
The legal battle raises questions about the admissibility of an artist's lyrics as evidence in federal criminal cases. The debate revolves around whether artistic expression, in the form of music lyrics, can be used to establish a pattern of criminal activity as required by RICO. Rep. Hank Johnson, D-Georgia, has introduced the "RAP Act," suggesting a stance against using such lyrics in court proceedings.
It's important to note that both state and federal RICO laws require the establishment of a pattern of criminal enterprise, emphasizing the significance of repeated criminal activity over time. In the case of the Atlanta rappers, the article mentions the Fulton County District Attorney's motion to delay the trial, citing the lack of legal representation for some defendants.
This complex legal landscape underscores the challenges in applying RICO statutes, and the involvement of a RICO expert in investigating unrelated matters, such as potential election influence, further highlights the broad applications of this law.
In summary, the article raises significant legal and constitutional questions about the use of music lyrics as evidence in federal criminal cases, particularly under the RICO Act. The ongoing legal proceedings involving Young Thug, Gunna, and others serve as a real-world example of the complexities and controversies surrounding the intersection of artistic expression and criminal prosecution.
