View Full Version : Rapper might face prison for rap album

11-20-2014, 02:33 PM
SAN DIEGO - It's a showdown that is breaking legal ground -- a local man with no criminal record facing a lifetime behind bars for cutting a rap album.

Brandon Duncan, also known as Tiny Doo, has rapped with hip hop star Lil' Wayne and boasts a big following with music dissecting gang life, including his new album "No Safety."

On Friday, Duncan and some of the 14 other gang members facing attempted murder charges were in court for day two of a preliminary hearing. They are charged in a gang conspiracy involving nine local shootings since April 2013, as a judge mulled a possible trial.

Prosecutors are calling upon a state law put in place by voters in 2000 that has not been used until now. It allows for the prosecution of gang members if they benefit from crimes committed by other gang members.

Though Duncan hasn't been tied to the shootings, prosecutors argued that he benefited from the shootings because his gang gained in status, allowing him to sell more albums.

"We're not just talking about a CD of anything, of love songs. We're talking about a CD (cover) … there is a revolver with bullets," said Deputy District Attorney Anthony Campagna.

The goal of the law -- extra powers aimed at gang crime.

In San Diego, a third of all crimes are committed by gang members.

Duncan's attorney calls the charges a reach.

"It's shocking. He has no criminal record. Nothing in his lyrics say go out and commit a crime. Nothing in his lyrics reference these shootings, yet they are holding him liable for conspiracy. There are huge constitutional issues," said Brian Watkins, Duncan's attorney.

10News took the case to Thomas Jefferson School of Law professor Alex Kreit, and he said the law may run into constitutional problems, starting with freedom of speech.

"Where does that end if that's the definition of criminal liability? Is Martin Scorsese going to be prosecuted if he meets with mafia members for a movie for his next film?" said Kreit. "The Constitution says it can't be a crime to simply make gangster rap songs and hang out with people that are committing crimes. You have to have more involvement than that."

Arguments just wrapped up Friday without a decision on whether the charges will move forward.

The hearing resumes Monday morning.


This shows you what's really going on. We as gamer(s) get the same type of treatment because we own a copy of Grand Theft Auto.

11-20-2014, 02:56 PM
I already see the outcome to this situation..


11-21-2014, 07:38 AM
And free speech is apparently dead in the UK...

11-21-2014, 11:13 AM
This is a clear-cut violation of the First Amendment of the Constitution, an attempt to set precedent for thought crime punishment.

Ernst, Marxism is the ideology behind the cultural rot taking shape throughout western civilization.

11-26-2014, 08:19 PM
Here is the album cover in question:

Trial is set to begin Dec. 4. Duncan remains in jail in lieu of $1-million bail. If convicted, he could face a sentence of 25 years to life in prison, Watkins said.


Please Help to Raise Funds to Protect Artists Free Speech!

In 2000, California, faced with an increase in gang-related violence, passed Proposition 21, which takes aim at individuals “who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity.”

Prosecutors, citing a section of the law, argued that Duncan, through his music and gang affiliations “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.”

“We're not just talking about a CD of anything, of love songs. We're talking about a CD (cover)… There is a revolver with bullets,” said Deputy District Attorney Anthony Campagna, as quoted by the Los Angeles Times.

I wonder if the Deputy District Attorney has ever walked inside a CD store or if he has ever watched a music video before.

Duncan’s lawyer, Brian Watkins, disputes the claim, saying the prosecution’s use of an obscure California law is “absolutely unconstitutional” and impedes his client’s First Amendment right to the freedom of speech.

“It’s no different than Snoop Dogg or Tupac,” Watkins, naming other rappers known for their controversial lyrics, said. “It’s telling the story of street life.”

“If we are trying to criminalize artistic expression, what’s next, Brian De Palma and Al Pacino?" said Watkins, in reference to the 1983 movie "Scarface" directed by De Palma and starring Pacino.


http://gunsforeveryone.com/wp-content/uploads/2012/03/1nemG5notorious_big_biggie_smalls_wallpapers_13_pr eview.jpg

However; if the bullets on the cover are the same found at the murder scene then they might have a case. I'm not a CSI agent, so I don't want to correlate. The image could be completely fake too. Photoshop and various images make things look authentic too.