Canadian Court Upholds Nigger Music as Evidence

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Senior Reporter
Canadian Court Upholds Nigger Music as Evidence

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https://www.pressreader.com/canada/metro-canada-toronto/20171201/281659665364634


Court upholds lyrics as evidence
• Metro Canada (Toronto)
• 1 Dec 2017

Ontario’s highest court has upheld the right of the prosecution to use an accused’s rap lyrics to help convict him of first-degree murder.
The Court of Appeal on Thursday released a decision rejecting Lamar Skeete’s attempt to overturn his 2012 conviction.
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A Toronto jury found the rapper killed Kenneth Mark on Dec. 29, 2009 to exact revenge for testifying that Skeete and his brother had shot him a year earlier.
One of Skeete’s three grounds of appeal was that the trial judge wrongly allowed his rap lyrics to be entered into evidence. Skeete recorded his rap while in jail and posted it on a website. It included the lyric: “Real niggaz don’t crack to the coppers.”
Skeete’s appeal lawyer argued the trial judge — Superior Court Justice Ian Nordheimer who recently joined the Court of Appeal — erred because he gave insufficient consideration to the context in which the words were spoken.
He also failed to consider that the words were artistic expression and undervalued the prejudicial effect of the evidence, the appellant lawyer argued.
Three Ontario Court of Appeal judges disagreed, saying they are satisfied the trial judge properly admitted the evidence of the rap lyric.
 
https://www.thestar.com/news/crime/...viction-that-relied-partly-on-rap-lyrics.html

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Ontario’s highest court has upheld the right of the prosecution to use an accused’s rap lyrics to help convict him of first-degree murder.

The Court of Appeal on Thursday released a decision rejecting Lamar Skeete’s attempt to overturn his 2012 conviction.

A Toronto jury found the rapper killed Kenneth Mark on Dec. 29, 2009 to exact revenge for testifying that Skeete and his brother had shot him a year earlier.

One of Skeete’s three grounds of appeal was that the trial judge wrongly allowed his rap lyrics to be entered into evidence. Skeete recorded his rap while in jail and posted it on a website. It included the lyric: “Real niggaz don’t crack to the coppers.”

Skeete’s appeal lawyer argued the trial judge — Superior Court Justice Ian Nordheimer who recently joined the Court of Appeal — erred because he gave insufficient consideration to the context in which the words were spoken.

He also failed to consider that the words were artistic expression and undervalued the prejudicial effect of the evidence, the appellant lawyer argued.

Three Ontario Court of Appeal judges disagreed, saying they are satisfied the trial judge properly admitted the evidence of the rap lyric.

In their judgment, Justice David Watt, writing for the panel, noted that while there is no specific rule on admissibility relating to rap lyrics in a criminal trial, the admission depends on their “relevance, materiality” and both tests were met here.
 
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