Prejudicial but not unduly so? Addressing the epistemic and non-epistemic dangers of rap evidence

Recent years have seen mounting concern about the use of rap music as evidence in criminal proceedings, alongside an ever-increasing number of cases involving ‘rap evidence’. Yet, while rap music is widely recognised to be highly prejudicial as evidence in court, little is known about how ‘prejudicial effect’ is, or should be, conceptualised and addressed in these cases. This article unpacks the meaning of prejudicial effect in criminal trials, offering a broad interpretation that encapsulates epistemic (accuracy) and non-epistemic (fairness) concerns; interrogates how the social and cultural context of rap music can make it ‘unduly prejudicial’ as evidence; and explores how the appellate courts approach the prejudicial effect of rap evidence. The article proposes more informative directions to jurors and advocates for legislation to restrict the admissibility of rap evidence, emphasising the importance of assessing evidence in its proper social and cultural context.