Abuse Defense - Prevalence

Prevalence

A growing concern among the American public is that guilty criminals are too often excused for their crimes or are given unsuitably short sentences, a problem that is exacerbated by the use of the abuse defense. Legal experts counter that excuse defenses either serve an insignificant role in the trial or are entirely unsuccessful. During the trial of Dan White, who assassinated gay rights advocates George Moscone and Harvey Milk, one expert testimony mentioned that the consumption of large amounts of junk food may have intensified White's state of depression prior to the murders. It was widely reported that White's counsel had earned him a reduced sentence by employing the so-called "Twinkie defense", despite the fact that the subject of sugar intoxication was only briefly touched upon during the trial.

Although the American public often complains about the supposed frequency with which defendants use the abuse defense, the reality is that it is generally only used in high-profile cases. In order for the abuse defense to be employed effectively, it is necessary for the defense to produce expert testimony on the defendant's behalf. Most defendants are unable to pay for such testimony; as such, qualified experts tend to provide advocating testimony only in those cases in which the defendant is wealthy or is supported by public interest groups. The trials of Lorena Bobbitt and the Menendez brothers were two high-profile cases that are often cited as examples of the abuse excuse in action.