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Prosecutors used rap lyrics to help sentence a man to death in Texas. That strategy is more common than you may think
Fortune ^ | April 24, 2026 | Maria Sherman, Claudia Lauer

Posted on 04/25/2026 8:28:59 AM PDT by xxqqzz

When he was 19, James Broadnax jotted down rap lyrics, 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 — a move his lawyers argue biased the almost all-white jury.

Broadnax isn’t the only defendant or even the only person on Texas’ 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 over the past 50 years, 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.

“It denies rap music the status of art. It is characterized as autobiography,” said Erik Nielson, co-author of the book “Rap on Trial.” “It really does speak to underlying assumptions that some people have about young men of color — and that’s almost exclusively who this practice targets — that they aren’t sophisticated enough to engage in various literary devices. That there isn’t metaphor here.”

Rap lyrics are commonly used in racketeering or gang-related cases. Prosecutors try to establish the defendant’s 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.

“If the lyrics were written before the alleged crime, the prosecutors will say this is evidence of motive,” Nielson said. “If they’re written afterward, they’re characterized as a straight-up confession.”

(Excerpt) Read more at fortune.com ...


TOPICS: Crime/Corruption; US: Texas
KEYWORDS: jamesbroadnax; rap; texas
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1 posted on 04/25/2026 8:28:59 AM PDT by xxqqzz
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To: xxqqzz

Prosecutors selected lyrics with alleged references to gang affiliation and shootings to convince jurors


nothing new there. We used to use bible references. Sad sign of the times.


2 posted on 04/25/2026 8:30:35 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued, but there must be a warehouse full of them somewhere)
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To: xxqqzz

“If the lyrics were written before the alleged crime, the prosecutors will say this is evidence of motive,” Nielson said. “If they’re written afterward, they’re characterized as a straight-up confession.”


I would suggest the issue is not when, but that the heart is revealed. What comes out via the lips reveals the heart. That is a scary thought.........................


3 posted on 04/25/2026 8:33:15 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued, but there must be a warehouse full of them somewhere)
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To: xxqqzz

So writing a song about a murder you committed shouldn’t be used as evidence because it diminishes the song’s artistic value, and it’s RACIST.


4 posted on 04/25/2026 8:35:42 AM PDT by JZelle
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To: xxqqzz

“Rap” is doggerel, not art.


5 posted on 04/25/2026 8:41:16 AM PDT by HIDEK6 (God bless Donald Trump )
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To: xxqqzz

“It denies rap music the status of art.”

Appropriately so.


6 posted on 04/25/2026 8:52:17 AM PDT by Mariner (War Criminal #18)
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To: xxqqzz

Guilty as charged and his rap lyrics told the story.

https://nypost.com/2026/02/10/us-news/wannabe-rapper-busted-for-throwing-acid-in-long-island-college-students-face-boasted-about-attack-in-song-officials/


7 posted on 04/25/2026 8:57:41 AM PDT by CaptainK ("No matter how cynical you get, it is impossible to keep up” )
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To: xxqqzz

“Whitey on the Moon” might be art but rap is as much art as “Kill My Landlord”.


8 posted on 04/25/2026 8:58:18 AM PDT by mikey_hates_everything
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To: xxqqzz

As it should be. cRap is the anthem of a culture that preaches disrespect, violence, criminality and wanton disregard for the most sacred precepts of the dominant culture. It purports to be a law unto itself and those who follow it deserve to be treated as outlaws.


9 posted on 04/25/2026 9:02:18 AM PDT by Paal Gulli
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To: xxqqzz

“though judges often exclude other forms of creative expression from being used as evidence”

Common sense says that all forms of creative (and non-creative expression) should be treated equally. The prosecution should have the burden to prove the relevance of whatever expression the the committing of the crime.


10 posted on 04/25/2026 9:15:12 AM PDT by spintreebob
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To: xxqqzz; All

Finally - Rap lyrics lead to a well-deserved murder rap.


11 posted on 04/25/2026 9:57:49 AM PDT by Ahithophel (Communication is an art form susceptible to sudden technical failure)
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To: xxqqzz

Farrokh Bulsara Confessed to a murder and was never charged.

“Mama, just killed a man
Put a gun against his head, pulled my trigger, now he’s dead”


12 posted on 04/25/2026 10:13:41 AM PDT by Round Earther
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To: xxqqzz

instead of execution, they could simply play rap music 24/7 in his prison cell

(sorry I forgot, that would constitute Cruel and Unusual punishment)


13 posted on 04/25/2026 10:15:56 AM PDT by faithhopecharity ("Politicians aren't born, they're excreted." Marcus Tullius Cicero (106 to 43 BCE))
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To: xxqqzz

14 posted on 04/25/2026 10:16:16 AM PDT by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: TheDon

April 30 can’t come soon enough.


15 posted on 04/25/2026 10:18:00 AM PDT by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: xxqqzz
though judges often exclude other forms of creative expression from being used as evidence

The article needs to give examples. And I would guess some judges also exclude rap from being used.

16 posted on 04/25/2026 10:47:02 AM PDT by Starstruck ( Living life, Binge watching re-runs of actual history.)
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To: TheDon

Who are those guys?


17 posted on 04/25/2026 10:57:31 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC)
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To: xxqqzz


"I've got my pistol pawn cocked....Ready to lick shots nonstop until I see your monkey-ass drop!"

18 posted on 04/25/2026 11:00:04 AM PDT by dfwgator ("I am Charlie Kirk!")
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To: Round Earther

And Johnny Cash shot a man in Reno just to watch him die.


19 posted on 04/25/2026 11:01:20 AM PDT by dfwgator ("I am Charlie Kirk!")
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To: xxqqzz

Reporter: What do you say to the people who say that your lyrics are racist?
Rapper: I don’t know what they’re talking about

Reporter: On your most recent album there’s a song called “Kill Whitey”
Rapper: Oh! That’s about our last manager Whitey Johnson.

Reporter: Isn’t this the same manager that ended up dead under mysterious circumstances?
Rapper: We don’t know nothin’ ‘bout that. We was out of town when that sheet went down!

One of the only good parts of the movie “Fear of the black hat”.


20 posted on 04/25/2026 11:03:26 AM PDT by FrankRizzo890
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