Real Lawyer Reacts: Rap Album Confessions

youtube what's going on attorney tom here in today's video we're going to be reacting to key and peels rap album confessions i made a video yesterday about can rap lyrics be used in court and i said this so in short that key and peel sketch is a little bit more over exaggerated than real life so last night after i posted the video i thought i should just film a react to the sketch this video is going to be more on the analysis side if you want more of the educational side watch my previous video housekeeping matter i'm going to be doing analysis under the federal rules of criminal procedure let's go and last thing before we begin please make sure you hit that like button it really means a lot it helps push the video out to the youtube algorithm so more people can see it and more people can join our community we've been growing like crazy i think we just hit 160 000 subscribers i really cannot believe that first things first i do not care that you're a multi-platinum-selling rapper gun rack what i care about is that i 100 know that you murdered darnell simmons so you better start talking first things first never talk to the police without a lawyer if you ever find yourself in that situation you should say officer i will not speak without my lawyer president i invoke the fifth amendment and then shut up case closed in the video thanks for watching okay not really yeah but you ain't got nothing got a cigarette i you know i'm actually i'm very glad that you said that uh because i respectfully i beg to differ i killed darnell yeah i shot him with my nine i shot him nine times nine pm on the dime and by the way it was november night okay so the song says he shot a gentleman by the name of darnell shot him with his nine a nine millimeter shot him nine times on november 9th so remember there's two different evidentiary concerns here one could the rap song be used to charge to arrest the rapper and two if they do charge and arrest the rapper could the rap song be used in a court of law in the case against him remember all you need to arrest somebody is probable cause probable cause is a fair probability that the defendant committed the crime alleged it is unclear how our suspect got to the interview room but presumably he came there on his own free will and accord because if he hadn't that would mean that the officers had already gotten a rest warrant for him which means they've already established probable cause which means that this conversation would probably be irrelevant so i'm going to assume that right now the suspect is not under arrest so in order to arrest somebody all you need is probable cause remember probable cause is just the fair probability that something happened probable cause needs to be based on facts it can't be just a hunch and i think that's what makes this sketch funny because the officer clearly has a hunch but it's going to overplay the line between a hunch and corroborating evidence let's keep going that don't mean nothing i got a vivid imagination i couldn't have sat down now i was at my cousin's birthday party red lobster november 9. okay so our suspect claims he has an alibi which actually would make sense so a big thing when determining whether or not lyrics could be used as evidence whether in court or before court is you look at whether or not the rap lyrics are autobiographical or whether or not they come from a third person narrator certainly you can write songs about experiences you didn't actually have music is supposed to tell stories and i would go as far to say as most songs are like this so the suspect could very well claim this was his imagination but again you're going to look for corroborating evidence i want to know how darnell was killed if it was with a nine millimeter if he was shot nine times and if he was shot on november 9th because that would be enough for a probable cause for me let's keep going at red lobster geez i gotta tell you gun right i find that really hard to believe just confess conrad i confess that shellfish is the only thing that rhymes with tell this okay all jokes aside the next lyrics claim that his alibi was a lie which again could be a storytelling tactic but that piece of information is actually pretty easy to corroborate the police definitely have the ability to find out if he was at red lobster at the time the murder additionally the police could totally find out whether or not he was allergic to shellfish and again they would use that information to corroborate whether or not these lyrics are autobiographical or just telling a story and before you say it yes i am fun at parties words detective nouns adjectives they just happen to be in a dope order but we ain't got no pearl i have no idea what that object is i don't care if i had to okay so exactly autobiographical he said that he tossed the gun into the aquarium presumably that gun was found in the aquarium you get where i'm going with this analysis identify it i would call it a gun of the long ass variety some seaweed in there too look so by the way couple contradictions there's no way that gun is a nine millimeter so there you go that's a point for the suspect even though that is a long ass gun and it was found in the aquarium the first verse says that he shot darnell nine times with a nine millimeter contradiction point to suspect i have to break it to you i ain't killing my money i struck my chin real slow when i'm lying and i was laughing super hard as darnell the name of the album is i killed darnell simmons it's a concept album that's a picture of you a picture of you and behind you is target shipment's body pictures can be photoshopped okay couple things we need to address here the chin stroking when you're lying could that be used as evidence potentially people have character traits they do things when they're exaggerating they do things when they're lying and again if this is proven to be autobiographical it could just be a tell that he's lying now with respect to the photo have you ever heard the saying a picture is worth a thousand words well that's probably true again they're going to corroborate this evidence about the position darnell's body was found in the location his body was found in the time of day he was shot the day he was shot all that stuff could be used to corroborate this photo [Music] why is enough you're going away for a long time you understand you're gonna confess if it's the last thing you'll ever do you hear me dead wreck i'll be your body he's free to go what no no no no no we have everything we need no it was simmons girlfriend she just confessed to the whole thing infidelity crime of passion let's go mr rack so first of all you do not need a suspect to confess in order to arrest and charge them so definitely the detective already has enough evidence to have already arrested our suspect and just because somebody confessed to the crime doesn't also mean that there can't be co-conspirators co-defendants people also involved with the murder but it is funny ride or die i think you get the gist and when you let me out i'm gonna blow a little kiss this is my confession he missable in court i killed darnell simmons for sport [Music] that's right i'm a murderer come get me come down the hall you can't get me okay okay okay you got me you got me hey okay bonus track he says this is my confession admissible in court i killed darnell simmons for sport he also states that the girlfriend who confessed did so to get him off the hook so if you haven't already got the gist already i definitely think that this evidence is enough to arrest the suspect but could this evidence be used in court and if you watched my video yesterday you'll find it no surprise that i think that answer is yes if the prosecution were to tender this rap song at trial to try to get it admitted into evidence i think it probably would be admitted it is relevant as it pertains to rule 401 of the rules of evidence it logically corroborates the evidence of what happened darnell miller was shot the day he was shot the time he was shot how many times he was shot the type of gun he was shot where the gun was found although of course all these things need to be corroborated by the evidence what i mean by that is if darnell was shot on november the 16th with a shotgun then it wouldn't be admissible but for the argument we're going to assume that everything that is said in the rap song is true because that's kind of what makes this sketch funny another objection the defense would probably try to make is rule 4 3 of evidence saying that the rap lyrics are unduly prejudicial and they substantially outweigh any relevancy or information that could be brought by the lyrics but i think that objection would fail as well there's an interest in understanding why this incident occurred how it occurred what occurred for instance the nine shots the date and time the throwing the gun into the pond what kind of gun was thrown into the pond yes of course those rap lyrics are prejudicial against the defendant but news flash all evidence is prejudicial in one way or another but the key is is it unduly prejudicial and no the court has an interest in understanding what exactly happened and that far outweighs the prejudicial value to the defendant again assuming all this evidence is corroborated which it is and i don't even think we need to get into character evidence rule 404 because this isn't really about character evidence the rap lyrics itself pertain to the crime alleged okay i think that's it thank y'all so much for watching please make sure you leave any comments questions concerns down below in the comment section be more than happy to address them if you want to be a part of our community please make sure you hit that subscribe button i'll see y'all later

Channel: AttorneyTom

Views: 613,283

Keywords: law, lawyer, attorney, AttorneyTom, Personal Injury, Personal Injury Lawyer, Personal Injury attorney, lawyer reacts, personal injury court, reacts, attorney reacts, accident lawyer, money, real estate, personal finance, legal, bobby, shmurda, rap, album, confessions, key, and, peele, keyandpeele, comedycentral, comedy, central, reactvideo, funny, skit, evidence, legaltips, youtube, youtuber, key and peele rap confession

Id: 9b3hKTnRLw0

Length: 12min 22sec (742 seconds)

Published: Mon Mar 01 2021