From Lyrics to Death Row – Broadnax Execution Reignites Debate Over Submission of Rap as Evidence

The execution of James G. Broadnax has reignited debate over the use of lyrics, particularly rap lyrics, as evidence in trials. Broadnax was convicted of the 2009 murders of two music producers, Stephen Swan and Matthew Butler.

During the sentencing phase of his trial, prosecutors presented 40 pages of notebooks written by Broadnax that included ‘gangsta rap’ lyrics containing violent imagery. Because of the lyrics, he was considered a threat to society, and a jury sentenced him to death. The defense team argued that using rap lyrics as evidence violated the man’s First, Eighth and Fourteenth Amendment rights.

Additionally, in March 2026, Broadnax’s cousin and co-defendant, Demarius Cummings, confessed to being the actual shooter who killed Swan and Butler. However, Broadnax’s appeal was denied, and he was executed by lethal injection in Texas on April 30, 2026, at age 37.

Broadnax is not the only one to receive the death penalty after lyrics were used as evidence. According to estimates, rap lyrics have been used as evidence in more than 800 cases, and 33 defendants in those cases have been sentenced to death.

The first such use of this evidence occurred in 1991 when an Illinois man named Derek Foster was found in possession of narcotics. Prosecutors submitted a notebook in court in which Foster had written lyrics about being the ‘biggest dope dealer.’ The defendant appealed his conviction, saying the lyrics were fictional, but his appeal was rejected.

Law enforcement and prosecutors argue that lyrics can provide insight into a defendant’s motive or involvement in a crime. According to them, if a defendant writes about a crime or a weapon that matches an open case, the lyrics can be seen as a confession and submitted as evidence.

On the other hand, critics say the practice violates defendants’ rights and limits their artistic expression. Legal scholars have also raised questions about why only rap is targeted, while other forms of art are not used as evidence in courts. Some have also accused the practice of being racially biased, as most defendants in these cases are Black or Latino men.

In 2001, rapper McKinley “Mac” Phipps was charged with the murder of a fan at a club in Louisiana. In the absence of physical evidence against him, prosecutors focused on his lyrics, which said, “Murder, murder, kill, kill. Pull the trigger, put a bullet in your head.” Law enforcement said the lyrics reflected his character, and Mac was convicted and sentenced to 30 years.

More recently, in 2023, a Georgia judge ruled that 17 specific sets of lyrics could be used as evidence against Young Thug in his racketeering trial. Prosecutors claimed that lyrics such as “I never killed anybody, but I got somethin' to do with that body” were direct admissions of racketeering.

Thirty-five years after the practice began, the submission of lyrics as evidence still remains a point of contention between prosecutors and defense attorneys. In 2022, lawmakers introduced the Restoring Artistic Protection (RAP) Act to restrict the use of song lyrics as evidence. While the federal bill stalled, similar laws have since been enacted in California and Louisiana.