The U.S. Sentencing Guidelines provide , " A downward departure may be warranted if ( 1 ) the defendant committed the offense while suffering from a significantly reduced mental capacity ; and ( 2 ) the significantly reduced mental capacity contributed substantially to the commission of the offense . " California was the first state in the U.S. to adopt the diminished capacity defense , beginning with '' People v. Wells '' and '' People v. Gorshen '' . The doctrine would soon be abolished by ballot initiative in 1982 following the negative publicity surrounding the case of Dan White , who had killed George Moscone and Harvey Milk . While White 's defense team did argue successfully for a ruling of diminished capacity , resulting in a verdict of voluntary manslaughter rather than murder , an urban legend that the defense had blamed White 's actions on the ingestion of sugar and junk food ( the so-called " Twinkie defense " ) sprang up out of inaccurate media coverage . One participant in the debate over diminished capacity rulings waved a Twinkie in the air to make his point . Currently , the '' California Penal Code '' states ( 2002 ) , " The defense of diminished capacity is hereby abolished ... there shall be no defense of diminished capacity , diminished responsibility , or irresistible impulse ... " de : Schuldunfähigkeit it : Imputabilità
killed George Moscone and Harvey Milk
Moscone–Milk assassinations
Diminished responsibility