Criminalising Cultural Expression: drill music and ‘gang’ membership in the criminal justice system

By Elena Papamichael

“Drill music” has been criminalised to such an extent that the genre has become synonymous with ‘gang’ membership.

In law, any material, whether it is letters, diary entries, or song lyrics may be capable of being admitted as evidence in a trial if it has probative value as confessional material. The very fact it takes the form of “drill” should not make it more likely to be adduced in a criminal trial.

The Crown Prosecution Service (CPS) guidance on ‘gang’-related offending asserts that ‘gangs’ use drill music and social media to promote “gang culture”, glamorise the ‘gang’ lifestyle and the use of weapons. This demonstrates a fundamental cultural blindness.

Criminalisation of Cultural Expression

Drill music is a genre of music that, by its very nature, is characterised by violent imagery and lyrics. It often glamorises gang violence in the same way that all forms of art glamourise the darkest aspects of society for the purposes of entertainment. Human beings love violent films, video games and art. However, when it comes to art of Black origin, society often demonises and criminalises the creators. It is not accepted as valid entertainment, but, instead, viewed as expressions of real ‘criminality’.

It may feel unacceptable to mainstream society to showcase what some deem to be the ‘underbelly’ of society for the consumption of the public, but that is arguably the definition of countercultural expression. It is uncomfortable and shocking at inception, as with all countercultures throughout the ages.

Throughout the decades, music of Black origin has been aligned with ‘criminality’ by mainstream media and enforced by law enforcement and prosecutors. What is not widely acknowledged or understood, is that music of Black origin is very often the cultural vanguard and, what begins as counter-cultural, eventually becomes mainstream and acceptable. The originators are persecuted, for others to stand on their shoulders and benefit socially and financially.

In 2003, the (then) Culture Minister Kim Howells stated that the deaths of two Birmingham teenagers were “symptomatic” of developments in rap and garage music, and attacked garage acts like So Solid Crew, for “glorifying gun culture and violence”, following the shooting of the young women after a party. He said people should stand up to “idiot macho rappers” ^[1]. Two decades later, Garage music is now celebrated as an established music genre. ^[2]

In 2017, the Daily Mail reported that “grime music is fuelling the use of skunk because artists are referencing the drug in their chart-topping songs”. By 2020, Dizzee Rascal, a trailblazer in the Grime genre, was awarded an MBE for his services in music.

North American rapper Drake has 13 number one hits, tying with Michael Jackson for the most number ones held by a male soloist. He has made multiple drill songs, collaborating with UK drill artists and generating significant amounts of money from those songs.

Whether one likes it or not, there is a financial and social incentive for young people to make music in this extremely popular, global style, along with the graphic lyrics that are canonical to the genre.

CPS Guidance

The current CPS guidance that suggests this music promotes gang culture is arguably based on stereotypes, and is not research-based or research-backed. This should not be in the official published guidance of the CPS.

The current guidance also entirely ignores the economic and status factors that drive young people to make drill music. As with all media, shocking material gains attention, and attention means financial reward. Especially for those from disadvantaged upbringings, with lower mainstream employment prospects, the opportunity to earn money through music that sells is no insignificant motivator. The market decides what sells, not the musicians.

Studies have shown that violent lyrics are pervasive in rap music because they help to boost record sales. By way of illustration, when asked about his song ‘High All the Time’, artist Curtis James Jackson III, known professionally as 50 Cent, explained “I don’t drink and I don’t use drugs, and I didn’t back then either. I put that joint on the first record because I saw artists consistently selling 500,000 with that content’.

UK drill artists have found mainstream chart success in the UK, and the genre has been an increasingly influential cultural force for nearly a decade.^[3]

Police officers with no significant experience of music of Black origin or Black British English, other than through the criminal justice system, will inevitably and unavoidably misunderstand and hold skewed beliefs about this type of music.

Often, these officer’s opinions are then used as “expert evidence” in criminal cases, where they regularly assign gang membership to drill music groups. Because the definition of a “gang” is so wide, it can be very difficult to challenge such assertions, regardless of the accuracy. Without knowledge of relevant cultural context and history, edgy expressions of culture are easily criminalised.

Music with dark themes in its lyrics and imagery often reflects the darkest aspects of society, but arguably they do not cause or create them. Comparatively, white defendants do not often have to defend violent PlayStation games they play, or the violent films they watch. As a society, we are all fascinated by death and violence, especially young people. The fantasy and entertainment aspect is generally accepted and acknowledged, except when it comes to Drill music and, historically, other music of Black origin. This music is often uniquely interpreted as literal and criminal, through a lack of understanding and cultural awareness from non-Black demographics.

Art Not Evidence

Save for very specific, literal, confessional lyrics about real incidents and real (and not exaggerated or fictional) involvement in those incidents, lyrics about violence, weapons, drug-taking and drug dealing should not be weaponised in a courtroom as evidence of criminal intent.

The police also fail to appreciate that, very often, songs are written by multiple people over various dates. The individual who performs a song is unlikely to have authored the lyrics alone. Music videos similarly are created by the videographer and/or artist, often with record label input. The individuals in the video have not necessarily created the concept for the video. Additionally, individuals who appear in music videos are not necessarily associated with others in the videos or have any say in the themes depicted.

Music videos are a good opportunity for exposure, networking, enjoyment and sometimes payment or other incentives. Any material designed for entertainment purposes (which includes rap songs and music videos) are very likely to be hyperbolic, glamorised and fictionalised. This equally applies to reality television, films and documentaries, biographies, and rap music. This can be true even where the content appears to be factual.

The above may appear to be obvious, however, participation in music videos is routinely used as evidence of ‘gang’ membership and association. Without context, prosecutors and police are left to rely on stereotypes and tropes. Police officers will often comment on the use of gun fingers, face coverings and mentions of other drill groups in the lyrics.

There is very little understanding by officers that gun fingers in music videos is a very common feature in rap and even some pop music and on social media. Face coverings are common in rap music & youth culture in general; and, referring to drill groups in songs does not mean the performer or author is in a ‘gang’. For example, chart topping rapper Aitch has a song called “M40” which is a reference to the alleged Manchester-based ‘gang’. This does not mean he is in a ‘gang’ ^[4].  This is done for many reasons, including to garner popularity in certain areas, appear edgy and to gain attention.

Generalised lyrics about stabbing, killing, murder, revenge, drug-dealing, prison and weapons are common to rap music. However unpleasant, unsavoury, or distasteful that may be, without specific details, general lyrics themselves are not probative of criminal offending or criminal intent.

Unless the lyrics detail a specific incident from personal experience that only the true offender would know, such that they could reasonably be considered confessional, they are not probative of criminality.

Lyrics are very often, like most art forms, exaggerated, fictionalised, dramatized and glamorised for entertainment purposes.  The CPS should not seek to adduce lyrics unless they can be demonstrated to be factual, accurate and confessional.

Even lyrics that appear to be confessional may not be. Rappers are often rated on how authentic they appear to be. Lyrics may not often appear obviously fictionalised or exaggerated. This means that lyrics and content made can seem authentic even when it is not. This is akin to how reality TV scenes appear unscripted, but, in fact, most often are.

Many consumers of media crave content which appears authentic but is also highly entertaining. For creators, the answer often is to produce content which feels authentic but is also far more shocking, exciting, or dramatic than reality.

Conclusion

It is important to highlight the use of artistic expression, particularly drill and rap music, as evidence in the criminal justice system, as well as the context of which it is used. The use of drill as evidence of ‘gang’ membership arguably upholds and further entrenches institutional racism in the criminal justice system. It is rooted in racial bias and stereotypes which disproportionately affects young Black men. Campaign groups, including JUSTICE and Art Not Evidence, and influential figures, such as Baroness Shami Chakrabarti, have spoken out against this [5].

Baroness Chakrabarti tabled an amendment to the Victims and Courts Bill which would limit the admissibility of art as evidence in criminal trials.

The potential harm caused by this criminalisation impacts every facet of society, not just musicians and artists, and is arguably harmful to our fundamental right of freedom of expression.

The developments in the Victims and Courts Bill, currently at the Committee stage, will be watched closely, and hopefully, eventually translate into institutional change.

Notes

• [1] BBC NEWS – Garage scene denies glorifying guns
• [2] UK garage music at 30: It’s not dying, but a way of life – BBC News
• [3] The Globalization of Drill
• [4] GMP Rochdale investigation into revengeful conspiracy results in gang members jailed | Greater Manchester Police and Aitch – M40 Lyrics | Genius Lyrics
• [5] Campaigners urge UK ministers to make music lyrics inadmissible in court | Music | The Guardian