Twinkie Defense Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Twinkie Defense, written in plain English, along with examples of how it is used.

What is Twinkie Defense?

n. a claim by a criminal defendant that at the time of the crime he/she was of diminished mental capacity due to intake of too much sugar, as from eating “Twinkies,” sugar-rich snacks. The defense was argued successfully by a defense psychiatrist in the notorious case of former San Francisco County Supervisor Dan White, who shot and killed San Francisco Mayor George Moscone and County Supervisor Harvey Milk, resulting in White’s conviction for only manslaughter instead of murder.

History and Meaning of Twinkie Defense

The "Twinkie Defense" is a legal strategy of arguing that the defendant's actions were the result of diminished capacity caused by the consumption of junk food, specifically sugary snacks. The term originated from the 1979 trial of Dan White, a former San Francisco supervisor who shot and killed Mayor George Moscone and Supervisor Harvey Milk. The defense argued that White's actions were the result of depression and that his consumption of junk food, including Twinkies, was a manifestation of his depression.

The defense became a point of controversy, and some psychologists argued that over-consumption of sugar could lead to hyperactivity and aggressive behavior, an assertion that was not supported by scientific evidence. Ultimately, the jury found White guilty of voluntary manslaughter, a lesser charge than the murder charges he originally faced.

Examples of Twinkie Defense

  1. In 2013, a Colorado man accused of murdering his wife unsuccessfully tried to use the "Twinkie Defense" in court, arguing that his consumption of energy drinks and dietary supplements led to his diminished capacity.
  2. Lyle Menendez, one of the Menendez brothers who was accused of murdering their parents, suggested the "Twinkie Defense" in his trial, arguing that his consumption of junk food and sugar was part of his coping mechanism.
  3. In the trial of Ethan Couch, a teenager who killed four people while driving drunk, a psychologist used the "affluenza defense," suggesting that Couch's privileged upbringing left him unable to understand the consequences of his actions, much like the "Twinkie Defense."

Legal Terms Similar to Twinkie Defense

  1. "Diminished Capacity": a defense strategy that argues that the defendant was unable to form the required criminal intent because of a mental impairment or intoxication.
  2. "Automatism": a defense strategy that argues that the defendant had no conscious control over their actions.
  3. "Insanity Defense": a defense strategy that argues that the defendant was not liable for their actions because of their mental state at the time of the crime.