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James Broadnax’s Execution Raises Concerns Over Use Of Rap Lyrics In Death Penalty Case

James Broadnax’s Execution Raises Concerns Over Use Of Rap Lyrics In Death Penalty Case

James Broadnax wrote rap lyrics at 19 that were later used as evidence to convict him of double murder. After nearly 20 years on death row, he was executed by lethal injection Thursday evening at the Texas State Penitentiary at Huntsville. His execution came despite widespread support, as well as a new confession that could have spared his life.

Details on the double murder involving James Broadnax and his cousin, as well as his conviction

Broadnax, 37, was convicted in 2008 for a double murder in Garland, Texas, and subsequently sentenced to death. He and his cousin, Demarius Cummings, both under the influence of PCP-laced marijuana, shot and killed two Christian music producers, Stephen Swan, 26, and Matthew Butler, 28, before stealing Swan’s car, according to Rolling Stone.

Broadnax, who is Black, confessed and even gave boastful on-camera interviews after his arrest. During his sentencing, prosecutors used rap lyrics, referencing gang affiliation and shooting, found in his car, to argue he was inherently violent and that he could kill again, per Rolling Stone and The Associated Press.

Cummings also received a life sentence for the crime. In March, he admitted to the killings, stating that Broadnax took the blame because of his lesser criminal record. However, Cummings is the only person whose DNA was found on the murder weapon.

Should rap lyrics be used in court cases?

In recent months, Broadnax’s legal team made a final effort to stop his execution, raising issues about having a nearly all-white jury, the use of rap lyrics as evidence and Broadnax’s alleged suicidal state of mind at the time of the murders. His attorneys argued that the judge should have considered racial bias and instructed the jury not to interpret Broadnax’s lyrics as autobiographical.

“The emphasis on the rap lyrics was a key element in this racially charged narrative,” Broadnax’s attorneys wrote in a statement obtained by the AP. “Worse, the record in this case confirms that the jury delivered a death sentence based on the racial stereotypes invoked by the rap lyrics.”

Several rappers, including Travis Scott, Killer Mike and T.I., also filed briefs to the Supreme Court in support of Broadnax. They argued against using rap lyrics in criminal cases and that they should not be considered autobiographical.

What are rappers saying about rap lyrics being used?

Killer Mike argued in his Vibe op-ed that law enforcement has long used rap lyrics in the criminal justice system.

“Across the country, police and prosecutors have increasingly relied on rap lyrics at every stage of the criminal justice process — to open investigations, to charge suspects, to secure indictments, to win convictions, and to argue for severe sentences, including the death penalty. No other fictional form, musical or otherwise, is targeted like this in the criminal justice system. Unsurprisingly, the defendants in these cases are overwhelmingly young Black and Latino men,” he wrote.

Broadnax’s case wasn’t the first time rap lyrics have been featured in court cases. Over the last 50 years and in 40 states, these lyrics have often been used, sometimes as racial stereotypes, to influence jury decisions, according to the AP.

“It denies rap music the status of art. It is characterized as autobiography,” Erik Nielson, co-author of the book Rap on Trial,” told the outlet. “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.”

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