Twinkie Defense - Diminished Capacity

Diminished Capacity

Twinkies were never mentioned in the courtroom during the White trial, nor did the defense ever claim that White was on a sugar rush and committed the murders as a result. However, one reporter's use of the term "Twinkie defense" caught on and stuck, leading to a persistent misunderstanding by the public. The misunderstanding was mentioned at the end of Milk, Gus Van Sant's 2008 biopic of Harvey Milk. In a bonus feature on the DVD version of The Times of Harvey Milk, a documentary on Milk's life and death, White's lawyers explain what they actually argued in court.

The actual legal defense that White's lawyers used was that his mental capacity had been diminished, and White's consumption of junk food was presented to the jury as one of many symptoms, not a cause, of White's depression.

In stories covering the trial, satirist Paul Krassner had played up the angle of the Twinkie, and he would later claim credit for coining the term "Twinkie defense". The day after the verdict, columnist Herb Caen wrote in the San Francisco Chronicle about the police support for White, himself a former policeman, and their "dislike of homosexuals" and mentioned "the Twinkie insanity defense" in passing. News stories published after the trial, however, frequently reported the defense arguments inaccurately, claiming that the defense had presented junk food as the cause of White's depression and/or diminished capacity, instead of having been symptomatic of an existing depression. 7 Years later, Dan White committed suicide.

As a result of negative publicity from the White case and others, the term diminished capacity was abolished in 1982 by Proposition 8 and the California legislature and was replaced by the term diminished actuality, referring not to the capacity to have a specific intent, but to whether the defendant actually had the required intent to commit the crime with which he or she was charged. Additionally, California's statutory definitions of premeditation and malice required for murder were eliminated by the state's legislature, with the return to common law definitions. By this time, the "Twinkie defense" had become such a common term that one lawmaker had waved a Twinkie in the air while making his point during a debate.