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The Independent UK
The Independent UK
National
Maria Sherman and Claudia Lauer

Rap lyrics were used to help send a man to death row. It’s not the first time

Kemba, a rapper featured in the documentary ‘As We Speak: Rap Music on Trial’ - (© 2024 Viacom International Inc. All Rights Reserved.)

A notebook filled with rap lyrics, personal thoughts, and even job leads, penned by James Broadnax at 19, became crucial evidence in his capital murder trial. Prosecutors selectively presented lyrics with alleged references to gang affiliation and shootings, successfully arguing for the death penalty over life imprisonment for Broadnax, who is Black. His legal team contends this tactic biased the predominantly white jury.

This controversial practice extends beyond Broadnax and Texas’s death row. Researchers have documented rap lyrics being introduced in hundreds of court cases across more than 40 US states over the past five decades. This stands in stark contrast to how judges often exclude other forms of creative expression from being used as evidence. Experts warn that treating rap lyrics as literal diary entries not only minimises their artistic value but also exploits negative racial stereotypes to sway jurors.

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