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The Twinkie Defense

Maintenance Phase

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Is There a Diminished Capacity?

The defence argument in this trial is called diminished capacity. The idea here, and the idea that they present to the jury, is that he sunk into a very deep depression before he sort of snapped. So it wasn't he ate twinkies and twinkes are to blame. It's like he had diminished capacity. In general, there are many things that indicate his diminished capacity, one of which is his over consumption of junk food. But when you look at the media coverage, it's very clear that the media has no idea how to talk about a man, particularly a white man in a position of power, having a mental illness.

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