Musician Facing Possible Life in Prison Over Music Album

Jonathan Schoenfeld | November 19, 2014

(LiveFreeLiveNatural) San Diego rapper Brandon Duncan, AKA Tiny Doo, is facing criminal charges because he potentially “benefited” from crimes committed by associated gang members.He is being charged with conspiracy to commit murder simply because prosecutors think that his music sales benefited from murders committed by a gang that he is affiliated with. Prosecutors are not charging him with having anything directly to do with the murders. Image credit: massappeal.com

According to Penal Code 186.22 PC known as the “California Street Terrorism Enforcement and Prevention Act”, “STEP Act”, or as California’s street gang enhancement law, individuals can be arrested even if they have not committed a crime. Sentencing can be as harsh as ‘life in prison’, which is the case regarding Brandon Duncan.

The law states under Penal Code 186.22 (B):

“anyone who commits a felony for the benefit of a gang will receive a mandatory prison sentence . . . in addition and consecutive to the penalty s/he receives for the underlying felony.”

“Depending on the circumstances of the offense, Penal Code 186.22(b) PC could mean an additional two (2) to fifteen (15) years, or even twenty-five (25)-years-to-life, in prison…even if you’re not a gang member, and even if you aren’t the individual who was most directly responsible for committing the underlying felony!”

According to hiphopearly.com, Brandon Duncan is the first person to be tried under this law that was passed in 2000. Brandon Duncan has no criminal record and just found out he will be taken to trial.

Many are outraged and are questioning whether this could violate constitutional rights. Duncan’s attorney Brian Watkins had this to say:

“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,”

Alex Kreit, professor at Thomas Jefferson School of Law shares similar views as Watkins.

“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.”

Just another example of worrying about the small fish while the big fish roam free…check out the video below for more information on californias “gang enhancement” law.

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19 November 2014 | 6:12 pm – Source: livefreelivenatural.com

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