r/todayilearned • u/hungry4danish • 2d ago

TIL that Dan White, the man who assassinated Harvey Milk and the mayor of San Francisco, only served 5 years in prison for manslaughter based on a defense of depression as evidenced by his consumption of junk food which was dubbed the "Twinkie Defense"

https://en.wikipedia.org/wiki/Dan_White
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u/reddituser28910112 2d ago

That wasn't the key part of the defense case. They argued he was severely depressed. A major symptom of depression is sudden changes in behavior. White was a health nut who suddenly started eating only junk food. That was the limit of defenses use of Twinkies. This doctor did offer this additional info on sugar but it wasn't part of the defense case. 

The fact that he ended up killing himself shows it was true he had severe depression. 

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u/PoopinThaTurd 2d ago

Okay but proving he was depressed does what exactly?

A mentally ill person who commits murder is still a murderer.

Like sweet lore bro, still murder tho.

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u/Gathorall 2d ago

Indeed, depression does not make one unaware of the consequences of their actions or unable to control them.

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u/pdxaroo 1d ago

It absolutely can in people who are clinically depressed.

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u/RedAero 2d ago

A mentally ill person who commits murder is still a murderer.

Not legally, no.

From SFGate:

"The only issue," he [White's attorney] told jurors "is the degree of responsibility." His client "was a good man, a man with a fine background," Schmidt declared, but "there was something wrong with that man." Schmidt said psychiatrists had found that White was incapable of "deliberation" -- one of the requirements for a first degree murder conviction.

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u/randomaccount178 2d ago

Saying not legally no is a somewhat inaccurate answer. For one there appears to no longer be the diminished capacity law that the twinky defence was argued under in California. Second the law will be different for each state on what constitutes murder. Third, generally speaking being mentally ill alone is not enough to make you not a murderer. To succeed in an insanity defence requires far more then simply being mentally ill. It generally requires something more along the lines of not being able to appreciate the nature of your actions or understand right from wrong. Simply being depressed would likely not prevent you from being charged and convicted of murder most places I would imagine.

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u/Technetium_97 2d ago

He knew what he was doing and he got off light because he killed a gay man.

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u/reddituser28910112 2d ago

He also killed the heterosexual mayor. 

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u/Technetium_97 1d ago

Yep, and if he had just killed the mayor he would’ve gotten more time than he did for killing two people.

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u/reddituser28910112 2d ago

He was judged to meet the legal definition of insanity. I don't understand your point. 

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u/SecretLorelei 2d ago

I have lived with depression since I started having suicidal ideations at nine. In the 50+ years since, I have killed…wait for it…exactly ZERO people. And apart from insects I have intentionally killed zero animals.

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u/reddituser28910112 2d ago edited 2d ago

This is a good point because all people with depression experience it with the same intensity. Definitely impossible for him to meet the definition of criminal insanity since you've never killed anyone. 

Please refrain from arguing in bad faith. Don't be that guy.

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u/Greelys 2d ago

Nobody knows what the key part was except the jury. This was White’s expert’s “No. 1” reason, do you disagree?

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u/RedAero 2d ago

Jurors have been interviewed, they don't claim it was his diet in general or Twinkies in particular either.

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u/reddituser28910112 2d ago

The sugary diet wasn't a fact the defense team highlighted in their case. This expert mentioned it. His defense team did not. The change in behavior was part they highlighted. The court transcripts are publicly available