Art Not Evidence: The misuse of rap in criminal trials

Keir Monteith KC, in his inaugural lecture for the Law School at the University of Manchester, will review the increased criminalisation of rap music, including the use of lyrics and music videos as evidence against young people accused of serious crimes. Keir will provide contemporary examples of how prosecutors, supported by judges, have suggested that Black children and young adults could be gang members because of the music they make or listen to; their presence in a rap video or even just possessing a rap video.

He will examine how the gang narrative is deployed within the joint enterprise doctrine to create large multi-handed super trials. These headline grabbing cases result in multiple convictions for many innocent defendants whilst the truth is the crime was committed by a few. The result is that the legal system locks up, for life, numerous innocent Black defendants on the back of this ‘gang evidence'.

Keir will explain how one very high profile miscarriage of justice case only came to light after he was instructed as an advisor on the University of Manchester’s Prosecuting Rap Project. That case is now with the Criminal Cases Review Commission.

He will highlight how the prosecution asks judges and juries to interpret rap music literally. This old fashioned establishment approach undermines the positive aspects of rap; denies its status as an art form; stifles creativity; restricts freedom of speech and perpetuates harmful racist stereotypes that create a risk of wrongful conviction.

Keir will conclude by suggesting that the draft legislation proposed by artnotevidence.org should be passed to redress the balance and help limit the use of rap as evidence in criminal trials. This would mirror the approach in the United States.

The event will be followed by a drinks reception.

Biography:

Keir Monteith KC, Garden Court Chambers

Keir is a leading silk who represents clients facing heavyweight criminal allegations. Keir also sits as a Recorder [part-time Crown Court judge] and is a training tutor for the Judicial College. He has been instructed in numerous murders, industrial scale Class A drug importations and conspiracies, escape from custody cases and appeals against conviction and sentence. Keir is ranked for criminal law in Chambers UK and the Legal 500. He is ranked in Tier 1 for Fraud in the Legal 500 2024.

Keir and Professor Eithne Quinn co-authored the report ‘Racial Bias and the Bench’ (University of Manchester, 2022) -- with co-authors Andrea Dennis, Remi Joseph-Salisbury, Erica Kane, Franklyn Addo and Claire McGourlay -- while he was a Simon Fellow at the University. Keir is now an Honorary Senior Lecturer in Law at the University of Manchester. He is a founding member of Art Not Evidence. He currently represents a total of 4 defendants who are appealing convictions for murder or conspiracy to commit GBH. In each case the prosecution relied on rap or drill music to help prove gang membership.