When he was 19, James Broadnax jotted down , thoughts and even job leads in a notebook that would become evidence at his capital murder trial.
Prosecutors selected lyrics with alleged references to gang affiliation and shootings to convince jurors that instead of life in prison, Broadnax, who is Black, should be put to death after his conviction 鈥� a move his lawyers argue biased the almost all-white jury.
Broadnax isn鈥檛 the only defendant or even the only person on Texas鈥� death row whose rap lyrics have been introduced to a jury. Rap lyrics have featured in hundreds of court cases in more than 40 states though judges often exclude other forms of creative expression from being used as evidence, researchers have found. Treating rap lyrics as diary entries minimizes their artistic value while playing on negative racial stereotypes to influence jurors, experts say.
鈥淚t denies rap music the status of art. It is characterized as autobiography,鈥� said Erik Nielson, co-author of the book 鈥淩ap on Trial.鈥� 鈥淚t really does speak to underlying assumptions that some people have about young men of color 鈥� and that鈥檚 almost exclusively who this practice targets 鈥� that they aren鈥檛 sophisticated enough to engage in various literary devices. That there isn鈥檛 metaphor here.鈥�
Rap lyrics are commonly used in racketeering or gang-related cases. Prosecutors try to establish the defendant鈥檚 involvement in an underlying crime by introducing lyrics as evidence, Nielson said. If someone is charged with a shooting, for example, prosecutors look for lyrics that mention a shooting.
鈥淚f the lyrics were written before the alleged crime, the prosecutors will say this is evidence of motive,鈥� Nielson said. 鈥淚f they鈥檙e written afterward, they鈥檙e characterized as a straight-up confession.鈥�
Rap lyrics introduced in court as autobiographical
Broadnax and his cousin were charged with murder for the 2008 shooting deaths of two men outside a suburban Dallas music studio. After more than a decade on death row, he is scheduled to be executed April 30.
In their pending appeal asking to halt Broadnax鈥檚 execution, his attorneys argue that a judge should have considered the potential for racial bias and instructed the jury that his lyrics should not be viewed as autobiographical.
鈥淭he emphasis on the rap lyrics was a key element in this racially charged narrative,鈥� Broadnax鈥檚 attorneys wrote. 鈥淲orse, the record in this case confirms that the jury delivered a death sentence based on the racial stereotypes invoked by the rap lyrics.鈥�
Kemba, a rapper featured in the documentary 鈥淎s We Speak: Rap Music on Trial,鈥� told The Associated Press that introducing rap lyrics is particularly effective with juries because of innate prejudices 鈥� and because prosecutors want convictions.
鈥淭here鈥檚 a lot of people that don鈥檛 see rap or Black music as artistic expression,鈥� he said. 鈥淎nd when you鈥檙e in a court case, there鈥檚 already an assumption that you鈥檝e done something (wrong).鈥�
The defendants in these cases are 鈥渁lmost exclusively young men of color, often with very limited resources,鈥� and many can鈥檛 afford a private attorney, Nielson said.
But some high-profile rappers have had their songs introduced in court, like Young Thug, whose lyrics were used as evidence at his trial on gang and racketeering charges. He to those charges and was released from custody in 2024.
Stereotypes about rap emerge
鈥淭he criminalization and the targeting of hip-hop has been going on for all 50 years of the culture,鈥� said Nielson, who noted the use of rap lyrics in court ramped up in the early 1990s.
The monitoring of Black artistic expression dates back to the antebellum South, he said, though that intensified as rap music became more critical of power structures, like which condemns police brutality.
In 2022, looked for non-rap examples of lyrics used at trial from 1950 onward and found only four. Three cases were thrown out and one led to a conviction that was overturned. In that same time period, Nielson found roughly 700 examples of rap lyrics used in court cases, including lyrics that someone rapped but didn鈥檛 even write.
Another study conducted by University of Nevada assistant professor Adam Dunbar examined stereotypes of rap. He presented people with lyrics, saying they were from rap, country or metal music. When it came to rap, respondents overwhelmingly considered the lyrics to be autobiographical.
鈥淏ut if they鈥檙e given the same lyrics and told that those are country or heavy metal lyrics, they say, ‘No, it鈥檚 just art,鈥欌�� said J.M. Harper, director of 鈥淎s We Speak.鈥�
Some rappers have begun directly attesting to the fictional nature of their music. The year before he was fatally stabbed in 2021, released the song 鈥淔ictional鈥� from behind bars because his lyrics were being treated as nonfiction. In 2023, 21 Savage as 鈥渇iction as hell.鈥�
鈥淭here鈥檚 no doubt in my mind that they are doing this for fear of prosecution,鈥� Nielson said.
Rules of evidence can be open to judge’s interpretation
A number of A-list rappers, including T.I. and Killer Mike, have filed briefs at the Supreme Court in support of Broadnax, cautioning against considering rap lyrics autobiographical.
Prosecutors in the case said Texas law allows evidence relevant to a defendant鈥檚 reputation at sentencing and contend the court shouldn鈥檛 consider the argument against the lyrics because Broadnax failed to raise concerns in previous appeals. State courts have ruled against other appeals by Broadnax鈥檚 attorneys.
鈥淎t the end of the day, the most important thing is not the prosecutors,鈥� told the AP in 2024, adding that judges should better block rap lyrics from trials. 鈥淭he question is: Why is it even admissible?鈥�
Lucius T. Outlaw III, a professor at Howard University School of Law who filed the amicus brief on behalf of Nielson and Killer Mike, said judges enforce rules of evidence specific to each state.
One judge might view rap lyrics as relevant; another may disagree. One might worry about triggering 鈥渁nti-rap, which is anti-Black, bias,鈥� he said, 鈥渨here another judge will say, 鈥業 don鈥檛 see that prejudice.鈥欌��
鈥淕uidelines about what is relevant when it comes to artistic expression and what is overly prejudicial is so needed,鈥� he said.
Jeff Bellin, a professor at Vanderbilt Law School, said current rules tell judges to exclude evidence if it has low value as proof and a danger of creating bias.
鈥淭he safeguard should be judges, but they are often not aware of the social issues, or the context, when it comes to rap lyrics,鈥� he said.
New legislation seeks protection for lyrics
Bellin said legislating around the issue is difficult because lawmakers don鈥檛 want to create rules that would exclude evidence truly relevant to any case.
In the past five years, at least 27 bills have been introduced federally and in a half-dozen states to limit the use of a defendant鈥檚 creative expressions, including rap lyrics, in criminal proceedings, according to an AP analysis using the bill-tracking software Plural.
On April 9, Maryland became the third state to pass legislation, creating 鈥済uardrails and a test for judges to impose anytime prosecutors want to use artistic expression, not just rap,鈥� Outlaw said, noting it requires a factual connection between the potential evidence and the charges.
鈥淚t鈥檚 not the cure-all, but it鈥檚 a huge, important step,鈥� he said.
Copyright © 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
