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.
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!
Support us:
Links!
Support the show