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In ], "'''Twinkie defense'''" is a derogatory label for a criminal ]'s claims that some unusual biological factor entered into the causes or motives of the alleged crime, and that due to this biological factor, either they should not be held criminally liable for actions which broke the ] or the criminal liability should be mitigated to a lesser offense. While biological factors may certainly influence behavior, the label of "Twinkie defense" implies that the specific biological factor is one that most people would view as not being sufficient to account for criminal activity, such as the effects of ], minor ]s such as ] and ], ], and/or ]s. In ], '''''Twinkie defense''''' is a derogatory label for a criminal ]'s claims that an unusual biological factor played a role in the cause or motives of the alleged crimes, and due to this biological factor they should not be held criminally liable for or the liability should be mitigated to a lesser offense due to ]. While biological factors influence behavior, the label of ''Twinkie defense'' implies that the factors cited are ones most people would view as not being sufficient to account for the crimes for which they are being prosecuted.<ref name="Food allergies; separating fact">{{cite web
| last =Thompson
| first =Richard C.
| title=Food allergies; separating fact from 'hype.'
| publisher=FDA Consumer
| date=June, 1986
| url
=http://findarticles.com/p/articles/mi_m1370/is_v20/ai_4262554
| accessdate=2007-08-10}}</ref> The term comes from the 1979 double ] trial of ] when ] ], one of the defense therapists, spoke about White's ] and how he "shunned" his regular habits and "indulged in ]s and ]" two popular '']'' which worsened his condition.<ref name="Myth of the 'Twinkie defense'">{{cite web
| last =Pogash
| first =Carol
| authorlink =
| coauthors =
| title=Myth of the 'Twinkie defense': The verdict in the Dan White case wasn't based on his ingestion of junk food
| publisher=]
| date=November 23, 2003
| url
=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/11/23/INGRE343501.DTL&hw=twinkie+defense&sn=001&sc=1000
| accessdate=2007-08-10}}</ref> ''Twinkie defense'' was probably coined by one of the ] reporters as a ] term to explain the defense but the phrase and short-handed explanation was immediately picked up by widely-read San Francisco Chronicle columnist ] and nationally by ]. Within months the phrase was used to illustrate the perceived problems with diminished capacity defense and within a few years diminished capacity was abolished with ''Twinkie defense'' becoming "synonymous with diminished capacity."<ref name="Myth of the 'Twinkie defense'"/> Other Twinkie defense ] items may include the effects of ], ]s such as ] and ], ] and ]s.


==Origins== == History ==
=== People vs. Dan White ===
The expression derives from the ] trial of ], a former ] (U.S.) Supervisor who ] Mayor ] and Supervisor ] on ], ]. At the trial, a noted psychiatrist, ], testified that White had been depressed at the time of the crime, pointing to several factors indicating White's depression: he had quit working; he shunned his wife; normally clean-cut, he grew slovenly; normally a fitness fanatic and ] advocate, he had been consuming ]s and ]. As an incidental note, Blinder mentioned theories that elements of diet could worsen existing mood swings.<ref name="Myth">{{cite news | first = Carol | last = Pogash | title = Myth of the 'Twinkie defense' | url = http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/11/23/INGRE343501.DTL | work = ] | page = D-1 | date = ] | accessdate = 2007-03-20 }}</ref> The fact that White had killed Moscone and Milk was not challenged, but in part because of the testimony from Blinder and other psychiatrists, the defense successfully argued for a ruling of ]. White was thus judged incapable of the ] required for a murder conviction, and was convicted of voluntary ] instead. Discontent with this unexpected and unpopular verdict and resulting sentence led to the ].
The phrase comes from the ] ''People vs. Dan White'' trial of Dan White, a former ] (U.S.) Supervisor who ] Mayor ] and Supervisor ] on ], ]. At the trial, a noted psychiatrist, ], testified that White had been depressed at the time of the crime, pointing to several factors indicating White's depression: he had quit working; he shunned his wife; normally clean-cut, he grew slovenly; normally a fitness fanatic and ] advocate, he had been consuming ]s and ]. As an incidental note, Blinder mentioned theories that elements of diet could worsen existing mood swings.<ref name="Myth of the 'Twinkie defense'"/> Noted ] and ] ] testified that with the effects of the ] diet White had "exploded" and was "sort of on ]" at the time of the killings.<ref name="Myth of the 'Twinkie defense'">{{cite web
| last =Temoshok
| first =Lydia R.
| coauthors =Gail Ironson
| title=George F. Solomon, MD Psychoneuroimmunology Pioneer
| publisher=]
| date=Fall 2001, Vol 12, No. 3 (PDF part 1)
| url
http://www.psychosomatic.org/media_ctr/media_newsletter.htm
| accessdate=2007-08-10}}</ref><ref name="The Martyrdom of Mayor George">{{cite web
| last=Gazis-Sax
| first=Joel
| title=The Martyrdom of Mayor George Moscone
| publisher=Tales From Colma
| date=1996
| url=http://www.notfrisco.com/colmatales/moscone/mosc3.html
| accessdate=2007-08-10}}</ref> In the trial, facts of the murders were not challenged, but in part because of the testimony from Blinder and other defense witnesses the defense successfully argued for a ruling of ]. White was thus judged incapable of the ] required for a murder conviction, and was convicted of voluntary ] instead. White, ironically, had campaigned for his former Supervisor position stating "crime is No. 1 with me" and had strongly supported the ] for murders such as these.<ref name="Getting Off?: Depression as a defense">{{cite web
| title=Getting Off?: Depression as a defense
| publisher=]
| date=May 28, 1979
| url
=http://www.time.com/time/magazine/article/0,9171,947318,00.html
| accessdate=2007-08-10}}</ref>


==== Background to murders ====
In stories covering the trial, satirist ] had played up the angle of the Twinkie,<ref name="Myth" /> and he would later claim credit for coining the term "Twinkie defense".<ref>{{cite news |first= Paul |last= Krassner |authorlink= Paul Krassner |title= Ice Cream Treat for Pedophiles |url= http://www.avnonline.com/index.php?Primary_Navigation=Editorial&Action=View_Article&Content_ID=273589 |work= AVN Online |date= ] |accessdate= 2007-02-28 }}</ref> Just after the verdict, ] wrote in the ] about the police support for White (a former policeman himself) and their "dislike (understatement) of homosexuals" and mentioned "the Twinkie insanity defense" in passing.<ref name="Myth" /> 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 symptomatic of and perhaps exacerbating an existing depression.<ref></ref>
The verdict was unexpected and unpopular, with many believing that the conservative jury<ref name="Myth of the 'Twinkie defense'"/> that had been kept clear of anyone "remotely pro-gay"<ref name="The Time 100: Heroes and Icons">{{cite web
| last =Cloud
| first =John
| title=The Time 100: Heroes and Icons - Harvey Milk
| publisher=]
| date=June 14, 1999
| url
=http://www.time.com/time/time100/heroes/profile/milk01.html
| accessdate=2007-08-10}}</ref> and "filled" with "white conservative Catholics, half of them from White’s district"<ref name="Harvey Milk: OutSmart">{{cite web
| last =Sieber
| first =Ann Walton
| title=Harvey Milk: OutSmart's celebration of the gay icon
| publisher=OutSmart
| date=May 2000
| url
=http://www.outsmartmagazine.com/issue/i05-00/milk.html
| accessdate=2007-08-10}}</ref> had been willing to accept an outlandish murder defense for "political vengeance"<ref name="What You Get for Hit and Run">{{cite web
| last =Mak
| first =Maxwell
| title=What You Get for Hit and Run: A Look at the City Hall Murders and the Dan White Murder Trial
| publisher=]
| date=2000-2001
| url
=http://prizedwriting.ucdavis.edu/past/2000-2001/mak.html
| accessdate=2007-08-10}}</ref> primarily because one of the victims, ], was a highly-visible "avowed homosexual"<ref name="The Time 100: Heroes and Icons"/> who fought for "unfettered political power for gay people"<ref name="The Moscone - Milk Killings: 20">{{cite web
| last =Herscher
| first =Elaine
| title=The Moscone - Milk Killings: 20 years later, Milk Built Power Base for Gays - As supervisor, he campaigned for rights, open atmosphere
| publisher=]
| date=November 27, 1998
| url
=http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/1998/11/27/MN14039.DTL
| accessdate=2007-08-10}}</ref> becoming the most famous openly ] politician in the world.<ref name="The Time 100: Heroes and Icons"/>


In 1977 San Francisco replaced city-wide elections with ] that ushered in the most diverse ] the city had ever seen including the former police officer and firefighter White and the gay and liberal Milk. White had to resign from being a firefighter as San Francisco charter barred people from holding two city jobs at the same time took up a second job running a restaurant which failed.<ref name="Dan White: The City Hall Killer">{{cite web
As a result of the White case, diminished capacity was abolished in 1982 by ] and the ], and replaced by "diminished actuality", referring not to the capacity to have a specific intent but to whether a defendant actually had a required intent to commit the crime with which he was charged.<ref>http://caselaw.lp.findlaw.com/cacodes/pen/25-29.html</ref> By this time the "Twinkie defense" had become such a common referent that one participant waved a Twinkie in the air to make his point.<ref name="Myth" /> Additionally, California's statutory definitions of premeditation and ] required for murder were eliminated with a return to ] definitions.
| title=Dan White: The City Hall Killer
| publisher=A&E's Crime and Investigation Network
| date=2007
| url
=http://www.crimeandinvestigation.co.uk/famous_criminal/60/biography/2/Dan_White_The_City_Hall_Killer.htm | accessdate=2007-08-10}}</ref> White, an outspoken and anti-gay conservative,<ref name="The Time 100: Heroes and Icons"/> who was elected with strong support from the city's police union in part to fight "official tolerance of crime and of overt homosexuality"<ref name="Dan White, Killer of San">{{cite web
| last =Lindsey
| first =Robert
| title=Dan White, Killer of San Francisco Mayor, A Suicide
| publisher=]
| date=October 22, 1985
| url
=http://query.nytimes.com/gst/fullpage.html?sec=health&res=9E07E2DE1039F931A15753C1A963948260
| accessdate=2007-08-10}}</ref> was counterpoint to Milk, an outspoken liberal who "frequently opposed him on the board."<ref name="Getting Off?: Depression as a defense"/>


In the months preceeding the killings Milk became even more visible in the media debating California ] ] statewide on ] to "prohibit homosexuals from teaching in California public schools"<ref name="A Brief History Of Homosexuality">{{cite web
The "twinkie defense" was described in detail in Massachusetts Mut. Life Ins. Co. v. Woodall, 304 F.Supp.2d 1364, 1377 n. 7 (S.D.Ga. 2003).
| title=A Brief History Of Homosexuality In America
| publisher=St. Louis University Safezone
| url
=http://safezone.slu.edu/resources_reading.html
| accessdate=2007-08-10}}</ref> a topic on which White and Milk "were sharply divided"<ref name="Film: 'The Times of Harvey Milk">{{cite web
| title= Film: 'The Times of Harvey Milk,' A Documentary
| publisher=]
| date=October 27, 1984
| url
=http://query.nytimes.com/gst/fullpage.html?res=9D07E4D61539F934A15753C1A962948260
| accessdate=2007-08-10}}</ref> because it would have empowered Californian school boards to fire teachers that "practiced, advocated, or indicated an acceptance of homosexuality."<ref name="What You Get for Hit and Run"/>

Milk also sponsored a law barring "anti-gay discrimination" which passed<ref name="The Time 100: Heroes and Icons pg 2">{{cite web
| last =Cloud
| first =John
| title=The Time 100: Heroes and Icons - Harvey Milk
| publisher=]
| date=June 14, 1999
| url
=http://www.time.com/time/time100/heroes/profile/milk02.html
| accessdate=2007-08-10}}</ref> the same time the Brigg's initiative failed and within days White resigned his seat citing too low of salary to support his family and that he was "unhappy with the ethics he found in the political world."<ref name="Dan White, Killer of San"/> White's supporters convinced him to rescind his resignation but he was denied by the "liberal-leaning" Moscone
largely at the urging of Milk, who advised Moscone to use the opportunity to get a ] majority on the Board. The morning that Moscone was to announce his decision White assassinated first Moscone then Milk.<ref name="Harvey Milk: OutSmart"/>

=== Phrase coined ===
In stories covering the trial, satirist ] had played up the angle of the Twinkie,<ref name="Myth of the 'Twinkie defense'"/> and he would later claim credit for coining the term "Twinkie defense".<ref>{{cite news |first= Paul |last= Krassner |authorlink= Paul Krassner |title= Ice Cream Treat for Pedophiles |url= http://www.avnonline.com/index.php?Primary_Navigation=Editorial&Action=View_Article&Content_ID=273589 |work= AVN Online |date= ] |accessdate= 2007-02-28 }}</ref> Just after the verdict, ] wrote in the ] about the police support for White (a former policeman himself) and their "dislike (understatement) of homosexuals" and mentioned "the Twinkie insanity defense" in passing.<ref name="Myth of the 'Twinkie defense'"/> 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 symptomatic of and perhaps exacerbating an existing depression.<ref></ref>

=== Verdict aftermath ===
{{See|White Night Riots}}
Discontent with the verdict and resulting sentence led to the San Francisco's ] with gays and Milk supporters rioting at San Francisco's City Hall including breaking in the glass doors and burning twelve police cars. Later that night a retaliatory police attack took place against the Elephant Walk bar in the center of the gay ] neighborhood less than a block from Milk's camera shop and campaign headquarters. The incidents brought additional international attention to the assassinations and trial.

=== Diminished capacity abolished ===
{{See|Diminished responsibility}}
As a result of the White case, diminished capacity was abolished in 1982 by ] and the ], and replaced by "diminished actuality", referring not to the capacity to have a specific intent but to whether a defendant actually had a required intent to commit the crime with which he was charged.<ref>http://caselaw.lp.findlaw.com/cacodes/pen/25-29.html</ref> By this time the "Twinkie defense" had become such a common referent that one participant waved a Twinkie in the air to make his point.<ref name="Myth of the 'Twinkie defense'"/> Additionally, California's statutory definitions of premeditation and ] required for murder were eliminated with a return to ] definitions.

''Twinkie defense'' was described in detail in Massachusetts Mutual Life Insurance Co. v. Woodall, 304 F.Supp.2d 1364, 1377 n. 7 (S.D.Ga. 2003).

== ''Twinkie defense'' in popular culture ==
] is an award-winning ensemble play by Emily Mann chronicling the case of the People vs. Dan White which is cited to law students as one of the leading examples of a miscarriage of justice. White assassinated openly gay San Francisco Supervisor Harvey Milk and San Francisco mayor George Moscone in November 1978. The play has been performed worldwide and made into a movie and opera as well.


==References in popular culture==
In the play '']'', when Aaron McKinney says that he murdered ] because Shepard made a pass at him, Zackie Salmon likens Aaron McKinney's defense to the Twinkie defense. In the play '']'', when Aaron McKinney says that he murdered ] because Shepard made a pass at him, Zackie Salmon likens Aaron McKinney's defense to the Twinkie defense.


Line 17: Line 141:
The first verse of ]' song "Bad Indigestion" is a humorous description of the Twinkee defense ("He sold his soul to the ]"). <ref> Retrieved ] ].</ref> The first verse of ]' song "Bad Indigestion" is a humorous description of the Twinkee defense ("He sold his soul to the ]"). <ref> Retrieved ] ].</ref>


The band ] was named after George Solomon's testimony.<ref name="Automatic Pilot - About Our Name">{{cite web
The term was used in '']'', Episode #1-11 "]". ] used it to disparage ]'s famous "Hath not a Jew eyes?" speech during a class discussion of '']''. The speech is from Act III, Scene 1.
| coauthors =Brown and McQueen Music
| title=Automatic Pilot - About Our Name
| publisher=]
| date=2007
| url
=http://www.automaticpilot.org/name.html
| accessdate=2007-08-10}}</ref><ref name="The Automatic Pilot story - part 1">{{cite web
| coauthors =Brown and McQueen Music
| title=The Automatic Pilot story - part 1
| publisher=]
| date=2007
| url
=http://www.automaticpilot.org/history/history1.html
| accessdate=2007-08-10}}</ref>


The phrase was used in '']'', Episode #1-11 "]". ] used it to disparage ]'s famous "Hath not a Jew eyes?" speech during a class discussion of '']''. The speech is from Act III, Scene 1.
The term was also used on the TV show '']'', season 5 episode 4 - "The Kamikaze Bingo" - in which it was humorously used to point out that an old woman's cheating at bingo in a nursing home could not be excused by high levels of medication.


The phrase was used on the TV show '']'', season 5 episode 4 - "The Kamikaze Bingo" - in which it was humorously used to point out that an old woman's cheating at bingo in a nursing home could not be excused by high levels of medication.
The term was used in the 1991 '']'' episode "Home Ec".

The phrase was used in the 1991 '']'' episode "Home Ec".


In the 2006 film '']'', a student recites a report about the White case, intertwined with video from press coverage of the trial. He concludes his report, "This came to be known as the Twinkie defense," then looks to the left, laughs, and says, "Is that for real?" In the 2006 film '']'', a student recites a report about the White case, intertwined with video from press coverage of the trial. He concludes his report, "This came to be known as the Twinkie defense," then looks to the left, laughs, and says, "Is that for real?"
Line 44: Line 184:
}}</ref> }}</ref>


==Notes== == References ==
{{reflist|2}}
<references/>


== Additional references ==
==References==
* *
* by Paul Tatara for CNN on ] ]. Retrieved ] ]. * by Paul Tatara for CNN on ] ]. Retrieved ] ].
*{{cite news * {{cite news
| first = Tony | first = Tony
| last = Mauro | last = Mauro
Line 62: Line 202:


== See also == == See also ==
*] * ]
* ]
* ]
* ]


==External links== == External links ==
* *
* - ''San Francisco Chronicle'', ] ] * - ''San Francisco Chronicle'', ] ]
*
== Further reading ==
*Anderson, Scott. “A City Grieves Good Men Slain,” The Advocate, 11 January 1979 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.

*Anderson, Scott. “Moscone: A Passion for People,” The Advocate, 11 January, 1979 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.

*“Briggs Is Shocked by Milk’s Slaying,” San Francisco Chronicle. 28 November 1978.

*Butler, Katy. “A Bloody Protest at City Hall: Verdict Angers Gays,” San Francisco Chronicle, 22 May 1979.

*Carrol, Jerry. “George R. Moscone—A Quiet Leader,” The San Francisco Chronicle, 28 November 1978.

*Crewdson, John M. “Harvey Milk Led Coast Homosexual-Rights Fight,” NewYork Times, 28 November 1978.

*Draper, George. “Mayor Was Hit 4 Times,” San Francisco Chronicle, 28 November 1978.

*“Friends Speak Out: Moscone Called Compassionate Political Leader,” San Francisco Chronicle, 28 November 1978.

*Fosburgh, Lacey. “Stunned Crowd Gathers Near Scene of 2 Slayings,” New York Times, 28 November 1978.

*Foss, Karen A. “The Logic of Folly in the Political Campaigns of Harvey Milk” in R. Jeffrey Ringer, ed., Queer Words, Queer Images: Communication and the Construction of Homosexuality. New York: New York University Press, 1994.

*Gregory-Lewis, Sasha. “Milk Gets Canned but Keeps on Running,” The Advocate, 7 April 1976 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.

*Jennings, Duffy. “Dan White Jury Hears Final Arguments,” San Francisco Chronicle, 16 May 1979.

*Jennings, Duffy. “Several Jurors Weep in Court,” San Francisco Chronicle, 22 May 1979.

*Kaiser, Charles. The Gay Metropolis: The Landmark History of Gay Life in America Since World War II. New York: Harcourt Brace, 1997.

*Kilduff, Marshall and Eugene Robinson. “City Officials Shocked by the Verdict,” San Francisco Chronicle, 22 May 1979.

* “Milk Left a Tape for Release if He Were Slain,” New York Times, 28 November 1978.

* Newton, David E. Gay and Lesbian Rights. Santa Barbara: ABC-CLIO, 1994.

* Shilts, Randy. The Mayor of Castro Street: The Life and Times of Harvey Milk, New York: St. Martin’s Press, 1982.

* Turner, Wallace. “San Francisco Mayor Is Slain; City Supervisor also Killed; Ex-Official Gives Up to Police,” New York Times, 28 November 1978.

] ]
] ]

Revision as of 01:20, 11 August 2007

In jurisprudence, Twinkie defense is a derogatory label for a criminal defendant's claims that an unusual biological factor played a role in the cause or motives of the alleged crimes, and due to this biological factor they should not be held criminally liable for or the liability should be mitigated to a lesser offense due to diminished capacity. While biological factors influence behavior, the label of Twinkie defense implies that the factors cited are ones most people would view as not being sufficient to account for the crimes for which they are being prosecuted. The term comes from the 1979 double assassination trial of Dan White when psychiatrist Martin Blinder, one of the defense therapists, spoke about White's depression and how he "shunned" his regular habits and "indulged in Twinkies and Coke" two popular junk foods which worsened his condition. Twinkie defense was probably coined by one of the alternative press reporters as a media-spin term to explain the defense but the phrase and short-handed explanation was immediately picked up by widely-read San Francisco Chronicle columnist Herb Cain and nationally by Newsweek magazine. Within months the phrase was used to illustrate the perceived problems with diminished capacity defense and within a few years diminished capacity was abolished with Twinkie defense becoming "synonymous with diminished capacity." Other Twinkie defense trigger items may include the effects of allergies, stimulants such as coffee and nicotine, sugar and vitamins.

History

People vs. Dan White

The phrase comes from the 1979 People vs. Dan White trial of Dan White, a former San Francisco (U.S.) Supervisor who assassinated Mayor George Moscone and Supervisor Harvey Milk on November 27, 1978. At the trial, a noted psychiatrist, Martin Blinder, testified that White had been depressed at the time of the crime, pointing to several factors indicating White's depression: he had quit working; he shunned his wife; normally clean-cut, he grew slovenly; normally a fitness fanatic and health food advocate, he had been consuming Twinkies and Coca-Cola. As an incidental note, Blinder mentioned theories that elements of diet could worsen existing mood swings. Noted forensic psychiatrist and psychoneuroimmunologist George Solomon testified that with the effects of the junk food diet White had "exploded" and was "sort of on automatic pilot" at the time of the killings. In the trial, facts of the murders were not challenged, but in part because of the testimony from Blinder and other defense witnesses the defense successfully argued for a ruling of diminished capacity. White was thus judged incapable of the premeditation required for a murder conviction, and was convicted of voluntary manslaughter instead. White, ironically, had campaigned for his former Supervisor position stating "crime is No. 1 with me" and had strongly supported the death penalty for murders such as these.

Background to murders

The verdict was unexpected and unpopular, with many believing that the conservative jury that had been kept clear of anyone "remotely pro-gay" and "filled" with "white conservative Catholics, half of them from White’s district" had been willing to accept an outlandish murder defense for "political vengeance" primarily because one of the victims, Milk, was a highly-visible "avowed homosexual" who fought for "unfettered political power for gay people" becoming the most famous openly gay politician in the world.

In 1977 San Francisco replaced city-wide elections with district elections that ushered in the most diverse Board of Supervisors the city had ever seen including the former police officer and firefighter White and the gay and liberal Milk. White had to resign from being a firefighter as San Francisco charter barred people from holding two city jobs at the same time took up a second job running a restaurant which failed. White, an outspoken and anti-gay conservative, who was elected with strong support from the city's police union in part to fight "official tolerance of crime and of overt homosexuality" was counterpoint to Milk, an outspoken liberal who "frequently opposed him on the board."

In the months preceeding the killings Milk became even more visible in the media debating California Senator John Briggs statewide on Briggs' initiative to "prohibit homosexuals from teaching in California public schools" a topic on which White and Milk "were sharply divided" because it would have empowered Californian school boards to fire teachers that "practiced, advocated, or indicated an acceptance of homosexuality."

Milk also sponsored a law barring "anti-gay discrimination" which passed the same time the Brigg's initiative failed and within days White resigned his seat citing too low of salary to support his family and that he was "unhappy with the ethics he found in the political world." White's supporters convinced him to rescind his resignation but he was denied by the "liberal-leaning" Moscone largely at the urging of Milk, who advised Moscone to use the opportunity to get a liberal majority on the Board. The morning that Moscone was to announce his decision White assassinated first Moscone then Milk.

Phrase coined

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". Just after the verdict, Herb Caen wrote in the San Francisco Chronicle about the police support for White (a former policeman himself) and their "dislike (understatement) 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 symptomatic of and perhaps exacerbating an existing depression.

Verdict aftermath

Further information: White Night Riots

Discontent with the verdict and resulting sentence led to the San Francisco's White Night Riots with gays and Milk supporters rioting at San Francisco's City Hall including breaking in the glass doors and burning twelve police cars. Later that night a retaliatory police attack took place against the Elephant Walk bar in the center of the gay Castro neighborhood less than a block from Milk's camera shop and campaign headquarters. The incidents brought additional international attention to the assassinations and trial.

Diminished capacity abolished

Further information: Diminished responsibility

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

Twinkie defense was described in detail in Massachusetts Mutual Life Insurance Co. v. Woodall, 304 F.Supp.2d 1364, 1377 n. 7 (S.D.Ga. 2003).

Twinkie defense in popular culture

Execution of Justice is an award-winning ensemble play by Emily Mann chronicling the case of the People vs. Dan White which is cited to law students as one of the leading examples of a miscarriage of justice. White assassinated openly gay San Francisco Supervisor Harvey Milk and San Francisco mayor George Moscone in November 1978. The play has been performed worldwide and made into a movie and opera as well.

In the play The Laramie Project, when Aaron McKinney says that he murdered Matthew Shepard because Shepard made a pass at him, Zackie Salmon likens Aaron McKinney's defense to the Twinkie defense.

The Dead Kennedys satirized the verdict in their reinterpretation of "I Fought the Law". Jello Biafra, the lead singer of the now defunct Dead Kennedys, summarized the defense in his 1989 spoken word album High Priest of Harmful Matter − Tales from the Trial as a precursor to his own trial for distribution of harmful material to minors.

The first verse of Lost Dogs' song "Bad Indigestion" is a humorous description of the Twinkee defense ("He sold his soul to the hostess").

The band Automatic Pilot was named after George Solomon's testimony.

The phrase was used in Buffy the Vampire Slayer, Episode #1-11 "Out of Mind, Out of Sight". Cordelia Chase used it to disparage Shylock's famous "Hath not a Jew eyes?" speech during a class discussion of The Merchant of Venice. The speech is from Act III, Scene 1.

The phrase was used on the TV show Curb Your Enthusiasm, season 5 episode 4 - "The Kamikaze Bingo" - in which it was humorously used to point out that an old woman's cheating at bingo in a nursing home could not be excused by high levels of medication.

The phrase was used in the 1991 Roseanne episode "Home Ec".

In the 2006 film Half Nelson, a student recites a report about the White case, intertwined with video from press coverage of the trial. He concludes his report, "This came to be known as the Twinkie defense," then looks to the left, laughs, and says, "Is that for real?"

In the 2000 Law & Order episode "Thin Ice", characters reference the Twinkie defense during a discussion of a homicide defendant asserting a psychological defense of "sports rage".

In the Pani Poni Dash! episode "Endure Patiently and You Will Not Wilt", when a large crab grabs Class 1-C's bus, Himeko holds up two Twinkees and says, "Im gonna use the Twinkees defense!". However, because she realized she was holding them (earlier in the episode, she was hungry), she then eats them.

In the X-Files episode "Sein Und Zeit", Skinner mentioned that Mulder was using a "Twinkie defense".

A similar defense appears in the film Trial and Error, when an expert witness is called to testify that sugar in the Twinkies the defendant had eaten is chemically similar to cocaine, so the defendant's actions should be treated as if in a drug-induced state.

During oral Supreme Court arguments in United States v. Gonzalez-Lopez (No. 05-352) in April 2006, Justice Antonin Scalia referenced the Twinkie defense in discussion of a defendant's right to counsel of choice: "[If I am a defendant,] I don't want a 'competent' lawyer. I want a lawyer to get me off. I want a lawyer to invent the Twinkie defense. I want to win."

References

  1. Thompson, Richard C. (June, 1986). "Food allergies; separating fact from 'hype.'". FDA Consumer. Retrieved 2007-08-10. {{cite web}}: Check date values in: |date= (help)
  2. ^ Pogash, Carol (November 23, 2003). "Myth of the 'Twinkie defense': The verdict in the Dan White case wasn't based on his ingestion of junk food". San Francisco Chronicle. Retrieved 2007-08-10. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help) Cite error: The named reference "Myth of the 'Twinkie defense'" was defined multiple times with different content (see the help page).
  3. Gazis-Sax, Joel (1996). "The Martyrdom of Mayor George Moscone". Tales From Colma. Retrieved 2007-08-10.
  4. ^ "Getting Off?: Depression as a defense". Time. May 28, 1979. Retrieved 2007-08-10.
  5. ^ Cloud, John (June 14, 1999). "The Time 100: Heroes and Icons - Harvey Milk". Time (magazine). Retrieved 2007-08-10.
  6. ^ Sieber, Ann Walton (May 2000). "Harvey Milk: OutSmart's celebration of the gay icon". OutSmart. Retrieved 2007-08-10.
  7. ^ Mak, Maxwell (2000–2001). "What You Get for Hit and Run: A Look at the City Hall Murders and the Dan White Murder Trial". UC Davis. Retrieved 2007-08-10.{{cite web}}: CS1 maint: date format (link)
  8. Herscher, Elaine (November 27, 1998). "The Moscone - Milk Killings: 20 years later, Milk Built Power Base for Gays - As supervisor, he campaigned for rights, open atmosphere". San Francisco Chronicle. Retrieved 2007-08-10.
  9. "Dan White: The City Hall Killer". A&E's Crime and Investigation Network. 2007. Retrieved 2007-08-10.
  10. ^ Lindsey, Robert (October 22, 1985). "Dan White, Killer of San Francisco Mayor, A Suicide". New York Times. Retrieved 2007-08-10.
  11. "A Brief History Of Homosexuality In America". St. Louis University Safezone. Retrieved 2007-08-10.
  12. "Film: 'The Times of Harvey Milk,' A Documentary". New York Times. October 27, 1984. Retrieved 2007-08-10.
  13. Cloud, John (June 14, 1999). "The Time 100: Heroes and Icons - Harvey Milk". Time (magazine). Retrieved 2007-08-10.
  14. Krassner, Paul (2006-08-01). "Ice Cream Treat for Pedophiles". AVN Online. Retrieved 2007-02-28. {{cite news}}: Check date values in: |date= (help)
  15. Snopes: The Twinkie Defense
  16. http://caselaw.lp.findlaw.com/cacodes/pen/25-29.html
  17. Bad Indigestion Retrieved July 8 2007.
  18. "Automatic Pilot - About Our Name". Automatic Pilot. 2007. Retrieved 2007-08-10. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  19. "The Automatic Pilot story - part 1". Automatic Pilot. 2007. Retrieved 2007-08-10. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  20. Trial and Error by Paul Tatara for CNN on June 6 1997. Retrieved March 20 2006.
  21. Mauro, Tony (2006-04-19). "High Court Debates Defendants' Right to Counsel of Choice". Legal Times. Law.com. Retrieved 2007-02-02. {{cite news}}: Check date values in: |date= (help)

Additional references

See also

External links

Further reading

  • Anderson, Scott. “A City Grieves Good Men Slain,” The Advocate, 11 January 1979 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.
  • Anderson, Scott. “Moscone: A Passion for People,” The Advocate, 11 January, 1979 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.
  • “Briggs Is Shocked by Milk’s Slaying,” San Francisco Chronicle. 28 November 1978.
  • Butler, Katy. “A Bloody Protest at City Hall: Verdict Angers Gays,” San Francisco Chronicle, 22 May 1979.
  • Carrol, Jerry. “George R. Moscone—A Quiet Leader,” The San Francisco Chronicle, 28 November 1978.
  • Crewdson, John M. “Harvey Milk Led Coast Homosexual-Rights Fight,” NewYork Times, 28 November 1978.
  • Draper, George. “Mayor Was Hit 4 Times,” San Francisco Chronicle, 28 November 1978.
  • “Friends Speak Out: Moscone Called Compassionate Political Leader,” San Francisco Chronicle, 28 November 1978.
  • Fosburgh, Lacey. “Stunned Crowd Gathers Near Scene of 2 Slayings,” New York Times, 28 November 1978.
  • Foss, Karen A. “The Logic of Folly in the Political Campaigns of Harvey Milk” in R. Jeffrey Ringer, ed., Queer Words, Queer Images: Communication and the Construction of Homosexuality. New York: New York University Press, 1994.
  • Gregory-Lewis, Sasha. “Milk Gets Canned but Keeps on Running,” The Advocate, 7 April 1976 in Chris Bull, ed., Witness to Revolution: The Advocate Reports on Gay and Lesbian Politics, 1967-1999. Los Angeles: Alyson Books, 1999.
  • Jennings, Duffy. “Dan White Jury Hears Final Arguments,” San Francisco Chronicle, 16 May 1979.
  • Jennings, Duffy. “Several Jurors Weep in Court,” San Francisco Chronicle, 22 May 1979.
  • Kaiser, Charles. The Gay Metropolis: The Landmark History of Gay Life in America Since World War II. New York: Harcourt Brace, 1997.
  • Kilduff, Marshall and Eugene Robinson. “City Officials Shocked by the Verdict,” San Francisco Chronicle, 22 May 1979.
  • “Milk Left a Tape for Release if He Were Slain,” New York Times, 28 November 1978.
  • Newton, David E. Gay and Lesbian Rights. Santa Barbara: ABC-CLIO, 1994.
  • Shilts, Randy. The Mayor of Castro Street: The Life and Times of Harvey Milk, New York: St. Martin’s Press, 1982.
  • Turner, Wallace. “San Francisco Mayor Is Slain; City Supervisor also Killed; Ex-Official Gives Up to Police,” New York Times, 28 November 1978.
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