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Record W2270115274

R v Campbell: Rethinking the Admissibility of Rap Lyrics in Criminal Cases

2016· article· en· W2270115274 on OpenAlexaffabout
David M Tanovich

Bibliographic record

VenueSSRN Electronic Journal · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsUniversity of Windsor
Fundersnot available
KeywordsLyricsRelevance (law)Supreme courtRace (biology)Value (mathematics)CriminologyCriminal trialLawPolitical sciencePhenomenonCriminal justicePsychologySociologyGender studiesEpistemologyLiteraturePhilosophy
DOInot available

Abstract

fetched live from OpenAlex

R v Campbell is one of the few cases in North America to exclude rap lyrics as evidence of guilt in criminal cases. Unlike in Canada, the issue of criminalizing rap has received considerable attention in the United States. This article begins by documenting the Canadian experience. It is a response to the call for research by two leading American scholars on the phenomenon of putting rap on trial, Professors Charis Kubrin and Erik Nielson. After documenting and discussing 36 Canadian cases, the article examines the Supreme Court of Canada decision in R v Simard and the two leading trial decisions R v Campbell and R v Williams. Generally speaking, the Canadian cases have failed to apply a culturally competent lens when assessing probative value and, to address the relevance of race and bias, when assessing prejudicial effect. The article urges our courts to put the rap back in rap by taking a culturally competent and critical race approach to admissibility.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.057
metaresearch head score (Gemma)0.188
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.561
Threshold uncertainty score0.872

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0570.188
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0050.003
Science and technology studies0.0310.057
Scholarly communication0.0150.012
Open science0.0060.009
Research integrity0.0140.019
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.029
GPT teacher head0.312
Teacher spread0.283 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations7
Published2016
Admission routes2
Has abstractyes

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