Prosecutors used rap lyrics to help send a Black man to death row in Texas, a tactic that lawyers and experts argue biases juries through racial stereotypes. James Broadnax, now 19 at the time of his crime, jotted down rap lyrics in a notebook that became evidence at his capital murder trial. Prosecutors selected lyrics referencing gang affiliation and shootings to convince the almost all-white jury to impose the death penalty, rather than life in prison.
Rap Lyrics as Evidence
Broadnax is not alone. Rap lyrics have been introduced in hundreds of court cases across more than 40 states over the past 50 years, even as judges often exclude other forms of creative expression. Researchers find this practice denies rap its artistic status, treating it as autobiography and playing on negative stereotypes about young men of color.
“It denies rap music the status of art. It is characterized as autobiography,” said Erik Nielson, co-author of “Rap on Trial.” He noted that the practice targets almost exclusively young men of color, assuming they are not sophisticated enough to use metaphor or other literary devices.
Common in Gang and Racketeering Cases
Prosecutors commonly use rap lyrics in racketeering or gang-related cases to establish involvement in underlying crimes. If lyrics were written before the alleged crime, they are presented as evidence of motive; if written afterward, as a confession. Broadnax and his cousin were convicted for the 2008 shooting deaths of two men outside a Dallas music studio. He is scheduled for execution on April 30.
In a pending appeal to the U.S. Supreme Court, Broadnax’s attorneys argue the judge should have considered racial bias and instructed the jury that lyrics were not autobiographical. “The emphasis on the rap lyrics was a key element in this racially charged narrative,” they wrote.
Racial Stereotypes and Artistic Expression
Kemba, a rapper featured in the documentary “As We Speak: Rap Music on Trial,” said introducing rap lyrics is effective because of innate prejudices. “There’s a lot of people that don’t see rap or Black music as artistic expression,” he said. Defendants are almost exclusively young men of color with limited resources, often unable to afford private attorneys.
High-profile rappers like Young Thug have also faced lyrics used as evidence. He pleaded guilty to gang and racketeering charges in 2024 after his lyrics were introduced. The criminalization of hip-hop has been ongoing for 50 years, with monitoring of Black artistic expression dating back to the antebellum South, intensifying as rap became critical of power structures.
Studies Show Bias in Perception
A study by University of Nevada assistant professor Adam Dunbar found that when people were told lyrics were from rap, they overwhelmingly considered them autobiographical. But when told the same lyrics were country or heavy metal, they viewed them as art. Some rappers have begun attesting to the fictional nature of their music, like Drakeo the Ruler’s song “Fictional” and 21 Savage describing his raps as “fiction as hell.”
Judicial Discretion and New Legislation
Rules of evidence vary by state, leading to inconsistent rulings. Lucius T. Outlaw III, a professor at Howard University School of Law, said guidelines are needed to determine relevance and prejudice. “Guidelines about what is relevant when it comes to artistic expression and what is overly prejudicial is so needed,” he said.
In the past five years, at least 27 bills have been introduced federally and in six states to limit use of creative expressions in criminal proceedings. On April 9, Maryland became the third state to pass such legislation, requiring a factual connection between the evidence and charges. “It’s not the cure-all, but it’s a huge, important step,” Outlaw said.
