State v. Skinner

Supreme Court of New Jersey · 2014 · Evidence

218 N.J. 496 (2014)

Updated August 22, 2026

EvidenceN.J.R.E. 404(b)rap lyricsprejudice vs. probative valueCofieldartistic expressionmotiveintent

Facts

At defendant's attempted murder trial, the State had a detective read thirteen transcript pages of defendant's violent and profane rap lyrics to the jury. The State conceded that many of the lyrics had been written long before the shooting, and it did not claim that the verses had any specific factual connection to the charged crime; instead, it offered them to show motive and intent. The State already had testimony from the victim that defendant acted as the "muscle" in a drug operation and shot him after a dispute over skimmed drug proceeds and a gun. The lyrics described assorted shootings, killings, and other violent acts, including material unrelated to the charged offense.

Issue

Whether the trial court erred in admitting defendant's violent rap lyrics as evidence of motive and intent under N.J.R.E. 404(b) in his attempted murder trial. Also, whether fictional or artistic writings about crimes may be used against a defendant absent a strong factual connection to the charged offense.

Rule

Fictional or artistic self-expressive writings about bad acts or crimes, including rap lyrics, generally are not evidential to prove motive or intent unless the writing has a direct and strong nexus to the specific details of the charged offense and its probative value outweighs its apparent prejudicial effect. When evaluating such evidence, courts should apply N.J.R.E. 404(b) safeguards when the evidence is offered as other-acts proof, consider whether less prejudicial evidence can prove the same point, and carefully redact irrelevant inflammatory material if any portion is admitted.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Newark, Damon Price is tried for attempted murder after a nightclub parking-lot shooting. Prosecutors seek to introduce a notebook of violent rap verses Damon wrote over several years about revenge, shootings, and being an "enforcer," but none mentions the victim, the club, the date, or any distinctive feature of the crime; the State already has eyewitness testimony that Damon shot after a dispute over unpaid drug money.

Should the court admit the notebook to prove Damon's motive and intent?

Explanation. Artistic or fictional writings about crime generally are not admissible to prove motive or intent unless they have a direct connection to the specifics of the charged offense and their probative value outweighs their prejudicial effect. Here, the verses are only generalized violent expression and mainly invite propensity reasoning. The State also has less prejudicial evidence on motive and intent, which further weakens the case for admission.