California Is Decriminalizing Crime – ahem, Artistic Expression
On September 30, in a flurry of legislative action Gavin Newsom, Governor of California signed a ‘Decriminalizing Artistic Expression Act,” also known as Assembly Bill 2799.
As the Governor, himself went on to explain the bill is “a first-in-the-nation bill that limits the use of creative expression … to protect against bias.”
That’s the definition of vague.
But when we peruse the words of the document itself, things become a lot clearer.
“It is the intent of this Legislature to provide a framework by which courts can ensure that the use of an accused person’s creative expression will not be used to introduce stereotypes or activate bias against the defendant, nor as character or propensity evidence; and to recognize that the use of rap lyrics and other creative expression as circumstantial evidence of motive or intent is not a sufficient justification to overcome substantial evidence that the introduction of rap lyrics creates a substantial risk of unfair prejudice.“
The bill “does not allows artists’ creative expression to be admitted as evidence in criminal proceedings without a sufficiently robust inquiry into whether such evidence introduces bias or prejudice into the proceedings.”
And due to its passage, ” the use of an accused person’s creative expression will not be used to introduce stereotypes or activate bias against the defendant.”
Courts must now “treat the expression as evidence of the defendant’s propensity for violence or general criminal disposition as well as the possibility that the evidence will explicitly or implicitly inject racial bias into the proceedings.”
“Creative expression” will not be introduced if it promotes stereotypes or bias, can’t be admitted as evidence if there is a risk of “unfair prejudice” or might” explicitly or implicitly inject racial bias.”
In other words, if the defendant decides to declare literally anything “the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including, but not limited to, music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.” it will need to be reviewed by a closed court before introduction.
And if there is a possibility of ” explicitly or implicitly inject racial bias,” it does not even get presented to the court.
For instance, if I am caught walking down the street half a block away from the dead body, covered in the victim’s blood and screaming ” I killed the S.O.B.,” none of that can be presented before being reviewed by a closed court as long as at some point I declare them my creative expression.
And the decision on admissibility is pretty much precast since the bill itself advises the judge ‘to recognize that the use of rap lyrics and other creative expression as circumstantial evidence of motive or intent is not a sufficient justification to overcome substantial evidence that the introduction of rap lyrics creates a substantial risk of unfair prejudice.”
Translation from lawyer to human:
To have the evidence that was declared “rap lyrics or creative expression” admitted guarantees unfair prejudice.
A.K.A., guaranteed retrial.
In a state where contradicting the line of thought established by authority is literally outlawed (Bill 2098), I am pretty sure no judge will be stupid enough to buck the ‘unfair prejudice” idea.
Plus, let’s be frank-he or she will be declared the evil baby-eating MAGA racist by the media before the gavel hits the desk.
But it gets even better if I’m black or brown. (So no crimes for me unless I’m improperly tanned.)
The evidence I, THE CRIMINAL, DECLARE artistic expression is simply not admissible because it might “Inject racial bias.”
As the chief promoter of the bill Dina LaPolt, entertainment attorney and co-founder of Songwriters of North America proclaimed:
“For too long, prosecutors in California have used rap lyrics as a convenient way to inject racial bias and confusion into the criminal justice process.
“This legislation sets up important guardrails that will help courts hold prosecutors accountable and prevent them from criminalizing Black and Brown artistic expression. Thank you, Gov Newsom, for setting the standard. We hope Congress will pass similar legislation, as this is a nationwide problem.”
No wonder the bill is commonly called the “RAP Protection Act”
At least she’s not trying to hide her racism behind the “to stop the bias”shtick.
Where does Governor Newsom get the idea that the best a culture can produce is “bitch betta have my money?”
So in Governor’s opinion the expression of Italian culture is Michelangelo and da Vinci and the expression of “African American” culture is Ice Cube and twerking?
If that is true, what does that say of that culture?
Is American ghetto rap an expression of a culture or a scourge of it, promoting violence, racism, destruction of family, and treating everyone who does not look like you as subhuman?
Is Gavin Newsom as well as the California legislature openly racist, legalizing preferential treatment of a group separated from the rest by the color of their skin and condemning it into a permanent “they’re just like us but too special to figure out how to get an ID or how to use a belt ” status?
Are the progressive plantation owners back to the old “I’d free my slaves but the poor wretches are too dumb to live as free men” argument?
This is the definition of institutional racism, is it not?
