Not in my courtroom
Violent rapping of accused Jam Master killer won’t be used against him: judge
Jam Master Jay’s accused killer won’t have his violent rap lyrics used against him, a Brooklyn judge ruled — in a written opinion that referenced 50 years of hip-hop history, spanning genre pioneer DJ Kool Herc, the Notorious B.I.G. and TikTok sensation Ice Spice.
In a 14-page opinion, Brooklyn Federal Judge LaShann DeArcy Hall mentioned more than a dozen hip-hop artists and groups, peppering her legal references with rap lyrics, including several lines from Kendrick Lamar’s 2012 “The Art of Peer Pressure.”
DeArcy Hall has spoken from the bench before about how she’s a hip-hop fan, and that her courtroom would not be a place where defendants would be penalized for penning violent lyrics — especially since music executives push their talent to turn up the violent content.
Earlier this month, she said she felt the issue important enough to write about.
“Courts should be wary of overly permissive rules allowing the use of rap lyrics and videos against criminal defendants at trial,” she wrote Tuesday. “Some of the themes of violence and criminality have become so prevalent within the genre that they have little, if any, probative value at trial.”
The judge added, “Music artists should be free to create without fear that their lyrics could be unfairly used against them at a trial.”
DeArcy Hall ruled on whether two songs by Karl Jordan Jr. — one of the two men on trial in Brooklyn Federal Court for the 2002 murder of Run-DMC DJ Jam Master Jay — could be admitted into evidence against him.
Jordan, 40, and Ronald “Tinard” Washington, 59, Jordan, 40, are accused of killing the rap icon, who was born Jason Mizell, in his Queens music studio on Oct. 30, 2002. A third suspect, Jay Bryant, faces a separate trial in 2026.
Prosecutors say Jordan shot Mizell point-blank in the head because Mizell cut him and Washington out of a cocaine deal.
Jordan and Washington’s trial continued Tuesday with testimony from several law enforcement witnesses, including a retired cop who described how Mizell was playing a “Madden” football video game when he was killed — a detail reported by the Daily News in 2007.
Prosecutors were looking to introduce two of Jordan’s songs, “Aim for the Head” and “Silver Spoon.” Jordan’s lyrics include “I aim for the head, I ain’t a body shooter” and “We aim for the head, no body shots, and we stick around just to see the body drop.”
The judge concluded, though, that those lyrics, written years later, “do not mention Mizell, the recording studio in which Mizell was killed, the other shooting victim or any alleged accomplices.”
“These lyrics merely contain generic references to violence that can be found in many rap songs,” DeArcy Hall wrote.
She referenced “Shootouts,” by Nas — who rapped, “two in the dome, he’s laid down” — along with “Dead Homiez,” by Ice Cube; “Gangsta” by ScHoolboy Q, and “Blue Suede” by Vince Staples, all of whom sing about shooting people in the head.
In a footnote, the judge noted that while violent lyrics may be off-putting to some listeners, “The court cannot help but note that odious themes — including racism, misogyny and homophobia — can be found in a wide swath of genres other than rap music.”
She pointed out how “Brown Sugar” by the Rolling Stones “exploited the abuses of African women forced into chattel slavery,” and mentioned the more recent “Try That in a Small Town” by Jason Aldean.
“In any event, whether anyone would choose to consume this music or include it on a playlist is not a question for the court,” she wrote.