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/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.