Mark O'Mara: The diminished capacity defense in california is an idea whose time has gone. He says it's a hall mark of tough on crime policies that tries to collapse the context for why someone commits a crime. It also introduces a five year mandatory sentence enhancement for what are called habitual criminals, he says. "We will empathize with victims of crimes at all costs and we will absolutely never empathize with perpetrators"
The Twinkie Defense has become a shorthand for disingenuous legal defense strategies. But was it disingenuous? (Yes, but not in the way you think!)
Thanks to Ashley Smith for editing assistance and Doctor Dreamchip for our lovely theme song!
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