Twinkie defense

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Hostess-Twinkies.jpg

Twinkie Defense is a term that originated from the trial of Dan White, a former San Francisco City Supervisor, who assassinated Mayor George Moscone and Supervisor Harvey Milk on November 27, 1978. The term "Twinkie defense" has since become a colloquial expression of derision for an improbable legal defense strategy. It is important to note that the actual defense presented by White's lawyers did not specifically focus on Twinkies or even claim that his consumption of junk food led directly to his actions. Instead, the defense argued that White's consumption of sugary foods was symptomatic of his underlying depression, which, in turn, diminished his capacity for rational thought and premeditation.

Background[edit | edit source]

Dan White was a former firefighter and police officer who had been elected to the San Francisco Board of Supervisors. His political views were conservative relative to the liberal majority of the board and the city. In November 1978, White resigned from his position but sought to be reappointed after regretting his decision. Mayor George Moscone initially agreed to reappoint him but later decided against it after consulting with other board members, including Harvey Milk. Feeling betrayed and politically marginalized, White entered City Hall with a loaded gun and assassinated both Moscone and Milk.

Trial and Defense[edit | edit source]

During the trial, White's defense team argued that he was suffering from diminished capacity, a form of temporary insanity. They presented evidence that White had been undergoing significant personal and emotional issues, exhibiting signs of depression. Psychiatrists testified that White's mental state, exacerbated by his consumption of junk food, was indicative of his depression. The defense suggested that this depression led to a diminished capacity for rational thought, making him incapable of premeditating the murders.

The media coined the term "Twinkie defense" to describe White's legal strategy, simplifying and sensationalizing the argument to suggest that junk food consumption could lead to violent behavior. This misrepresentation has persisted in popular culture, despite the defense's focus on White's mental health rather than his diet.

Outcome[edit | edit source]

Dan White was convicted of voluntary manslaughter instead of first-degree murder. The verdict led to widespread outrage and the so-called "White Night riots" in San Francisco. White was sentenced to seven years and eight months in prison but was released after serving five years. He committed suicide in 1985.

Legacy[edit | edit source]

The "Twinkie defense" has left a lasting impact on public perception of the legal system, often cited as an example of the supposed absurdity of legal arguments and the potential for manipulation of the justice system. It has also sparked discussions about the role of mental health in criminal responsibility and the importance of accurate media reporting on legal matters.

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Contributors: Prab R. Tumpati, MD