Rapper Tiny Doo facing long prison sentence over lyrics

[uhnope]

Source: CNN

CNN)Song lyrics that glorify violence are hardly uncommon. But a prosecutor in California says one rapper's violent lyrics go beyond creative license to conspiracy.

San Diego-based rapper Tiny Doo has already spent eight months in prison, and faces 25 years to life in prison if convicted under a little-known California statute that makes it illegal to benefit from gang activities.

The statute in question is California Penal Code 182.5. The code makes it a felony for anyone to participate in a criminal street gang, have knowledge that a street gang has engaged in criminal activity, or benefit from that activity. It's that last part -- benefiting from criminal activity -- that prosecutors are going after the rapper for.

Tiny Doo, whose real name is Brandon Duncan, faces nine counts of criminal street gang conspiracy because prosecutors allege he and 14 other alleged gang members increased their stature and respect following a rash of shootings in the city in 2013.

Read more: http://www.cnn.com/2015/01/23/entertainment/tiny-doo-rap-conspiracy-charges/

[Gregorian]

1. One could almost make the same argument against Bush and Cheney, et. al.

Instead of a song, it was a performance at the UN. Instead of a rash of shootings, there was massive death and destruction of at least one country.

[libodem]

3. No Doubt

[Stephen Retired]

19. Or Dimon and Blankfein

+ most of the rest of Wall Street.

[libodem]

2. Sounds like a free speech problem to me

I dislike the trend here. Very problematic for civil and constitutional rights. Slippery slope.

[Ykcutnek]

4. The streets will be safer. nt

[Chakab]

6. Safer from a guy with no criminal record who isn't even being charged with committing

a specific crime in this case?

[JohnnyRingo]

5. Aren't people arrested for publicizing their crimes on Facebook?

If this man glorified his experiences with child pornography or spousal abuse in song, he'd get little sympathy from free speech advocates. I guess murder is more socially palatable.

I know nothing about this rapper, nor am I someone who detests rap music, but if he alluded to intimate knowledge of violent crimes in his song, I believe he at least warrants the notice he so desperately seeks.

Had he posted such information on his Facebook page instead of a gangster rap song he'd rightly be in the same trouble. I'm not trying to pick a fight, I simply disagree that this is a free speech issue.

[Chakab]

7. That's the thing. He hasn't alluded to any specific act of violence. One of the "incriminating" acts

that the prosecutor pointed to was a picture of a gun on the cover of his album.

This whole prosecution is a sham.

[JohnnyRingo]

11. The case may well be a sham

I'm not a lawyer, but I saw this as a bastard child of the RICO law where proven membership to an organized crime group makes the individual a known criminal. Profiting from that criminal membership would obviously be ill gotten gains and subject to prosecution in that sense.

If that's indeed the case, this has little to do with his freedom to speak out and more to do with his association and abetting with murderers.

Personally, this barely blips my radar screen. They can drop charges if they want, I don't care, but I'm not going to wear a "Free Tiny Doo" shirt either. I fail to see the slippery slope in this specific case.

[Chakab]

12. You may not give a shit, but I think that it's fucking absurd that a prosecutor is wasting

money and resources on a case that's this flimsy.

Even if he is affiliated with a gang, which there's no proof of, you'd need a fuck of a lot more than a picture of a gun on an album cover and vague lyrics like "Ain't no safety on this pistol I'm holding" to prove that he's attempting to profit from actual crimes that were committed. By that standard, you could arrest anybody who has been alleged to have contact with a criminal organization for attempting to engage in any kind of commerce.

Again, if you don't care, I'm not trying to convince you that you should, but I find it mind-boggling how anybody who familiarizes herself with the facts of this case could see it as anything but a free speech issue.

[JohnnyRingo]

13. Is the album the only evidence they have?

"Prosecutors say lyrics aren't the only evidence they have. At Duncan's preliminary hearing, they presented social media posts that they say prove Duncan is still a gang member."

Or is there possibly more to the case? The point is probably moot now as I understand charges may have been dropped.

[pocoloco]

15. Burn many books?

Just checking.

[JohnnyRingo]

17. Quite a leap you made there.

Just sayin', Kneivel may be a more apt handle for your abilities.

Shawn White sees fewer slippery slopes than some people here. There's much more to this case than simply trying to silence this rapper. The case may be flimsy, but the state obviously doesn't care about rap music, be it gangster or Disney. (Is there Disney rap?)

[1monster]

8. Charges were dropped on January 13

http://www.10news.com/news/charges-dropped-against-local-rapper-tiny-doo-01132015

[NaturalHigh]

9. That's what I was thinking.

[cstanleytech]

10. Wonder if he is going to sue, I know I would be tempted. nt

[Judi Lynn]

14. Thank you! n/t

[muriel_volestrangler]

16. Jan 23: Judge refuses to dismiss charges against rapper

Saying he lacked jurisdiction, a San Diego judge refused Friday to dismiss conspiracy counts against a rapper and other defendants charged under a law that allows for the prosecution of gang members if they benefit from or promote crimes committed by other gang members.
...
Superior Court Judge David Gill recently dismissed charges against some of the defendants, saying prosecutors didn't present enough evidence to prove that those defendants willfully benefited from the violent crimes alleged.

Other defendants who were split into a different group -- including the 32-year-old Duncan -- were bound over for trial after a preliminary hearing but were hoping the judge today would drop the charges against them, as well.

Gill said a different judge will hear any motions to dismiss charges. Trial was set for April 20.

http://www.10news.com/news/judge-refuses-to-dismiss-charges-against-rapper-012315

[sakabatou]

21. Good.

[rollin74]

22. charges against Brandon Duncan have not been dropped

San Diego rapper and gang member Brandon Duncan, a.k.a. "Tiny Doo," was not one of the five members of a criminal gang conspiracy case that had charges dropped in court Wednesday, the District Attorney's office said.

A group of 33 active gang members are a part of a high-profile case related to 24 shootings in recent years, including three murders in Southeast San Diego. Because of the number of defendants, the case was split up and assigned to two different judges.


Source: http://www.nbcsandiego.com/news/local/Gang-Conspiracy-Charges-Still-Stand-for-San-Diego-Rapper-Tiny-Doo-Southeast-Shootings-288618651.html#ixzz3PnM7O0E5

[sakabatou]

24. Oh

So it's not about the lyrics, this is another case.

[rollin74]

23. the charges against Duncan still stand

Last edited Sat Jan 24, 2015, 11:50 PM - Edit history (1)

[bluestateguy]

18. This is a bullshit prosecution warranting jury nulliification

I do assume that white male teabaggers are rushing to his defense.

Right?...

RIGHT!?