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BarbMcQuade's profile
Barb McQuade
Barb McQuade
Barb McQuade
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@BarbMcQuade

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Barb McQuadeVerified account

@BarbMcQuade

Wife, Mom of 4; @UMichLaw prof; legal analyst @NBCNews, @MSNBC; former US Attorney, national security prosecutor, Eastern District Michigan; @Tigers, @UMich fan

Ann Arbor, MI
law.umich.edu/FacultyBio/Pag…
Joined February 2009

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    1. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      3/ Here, elements 1 and 2 are easily met, but 3 is a challenge, and 4 can be virtually impossible.

      34 replies 234 retweets 1,136 likes
      Show this thread
    2. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      4/ For element 3, deprivation of a constitutional right, the allegation would be that the officer(s) used excessive force and deprived Mr. #Floyd of his right to be free from unreasonable seizures under the 4th Amendment.

      28 replies 218 retweets 1,168 likes
      Show this thread
    3. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      5/ Jury would be told reasonableness is judged from perspective of reasonable officer at scene, not 20/20 vision of hindsight, because officers must make split-second judgments in circumstances that are tense, uncertain and rapidly evolving. Even that element is probably met here

      43 replies 206 retweets 1,083 likes
      Show this thread
    4. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      6/ It is the 4th element, willfulness, that is virtually insurmountable. To prove willfulness, the prosecutor must show the officer had a specific intent to do precisely what the law forbids, not just a bad purpose.

      41 replies 218 retweets 1,066 likes
      Show this thread
    5. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      7/ For willfulness, it is not enough that an officer’s force was excessive and unjustified, or that he intended to harm or to frighten. It is not enough to show that death was accidental, negligent or reckless. It is not enough to show a mistake, panic or bad judgment.

      14 replies 210 retweets 1,041 likes
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    6. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      8/ Instead, it must be proven that that the officer knew what he was doing was illegal and chose to do it anyway. This element must be proved for each officer charged, and can be impossible to prove.

      60 replies 233 retweets 1,090 likes
      Show this thread
    7. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      9/ And so, a prosecutor must anticipate that a defense attorney will hammer this element at trial, and portray the officers' conduct in the best light possible and Mr. Floyd's in the worst. To overcome this high bar, it is essential to gather evidence about the officers' intent.

      11 replies 202 retweets 1,045 likes
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    8. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      10/ Investigators will look at all of the circumstances, not just the video. They must interview civilian and police witnesses, and lock in their testimony at grand jury, likely suspended for now by COVID, so that they don't change their stories at a trial many months from now.

      6 replies 200 retweets 1,004 likes
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    9. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      11/ Investigators will review officers' training, department policies, statements by the officers before and after the incident, and look for any evidence of a cover-up.

      5 replies 180 retweets 978 likes
      Show this thread
    10. Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      12/ Even then, convictions are rare. Jurors give great deference to police officers. Implicit bias may play a role. The legal bar is set deliberately high to protect officers from criminal liability when they must respond rapidly to life-and-death situations. Perhaps too high.

      26 replies 224 retweets 1,164 likes
      Show this thread
      Barb McQuade‏Verified account @BarbMcQuade 29 May 2020

      13/ So how do we ensure a just system that allows for police officers to do their jobs? Amend 18 USC 242 to change the intent from “willful” to “knowing” or even “reckless.” This change could help reduce the injustices we see too often on viral videos. Justice for all. END

      8:31 AM - 29 May 2020
      • 620 Retweets
      • 2,907 Likes
      • Angellol🐾 Jerri Jacoby deardusk Roland O'Mid-World Lauri John Nikhil Autar. ExCancer Pt, Tumor Vaccine Research Iván López Cathy Manson Lori Sayre
      162 replies 620 retweets 2,907 likes
        1. New conversation
        2. William wants to see Due Process‏ @William55051577 29 May 2020
          Replying to @BarbMcQuade

          Qualified immunity is backward. It needs to go the way of the dodo. Agents in government need to be held to a higher standard if they are to enforce law. I could get biblical, but I'm sure you already heard all that.

          1 reply 0 retweets 4 likes
        3. Michael  🇺🇸‏ @mikeythefireman 29 May 2020
          Replying to @William55051577 @BarbMcQuade

          Right?! Trained experts should always be held to a higher standard than everyone else. That seems painfully obvious.

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. New conversation
        2. BIRDMAN‏ @7BIRDMAN7 29 May 2020
          Replying to @BarbMcQuade

          Perhaps this could be shared with Minnesota legislators.

          1 reply 0 retweets 1 like
        3. Johnny-come-nowly‏ @lector_caveat 29 May 2020
          Replying to @7BIRDMAN7 @BarbMcQuade

          It's not MN law and is analyzing. She is speaking to the federal case.

          1 reply 0 retweets 0 likes
        4. Show replies
        1. New conversation
        2. SaraLRiley‏ @SaraLRiley 29 May 2020
          Replying to @BarbMcQuade

          That explains the federal delay but not the County Attorney’s delay.

          1 reply 0 retweets 4 likes
        3. Johnny-come-nowly‏ @lector_caveat 29 May 2020
          Replying to @SaraLRiley @BarbMcQuade

          Likely the local delay is based on waiting for cause of death/autopsy.

          1 reply 0 retweets 0 likes
        4. Show replies
        1. Katie “Get Boosted” Reiter‏ @ktereiter 29 May 2020
          Replying to @BarbMcQuade

          Why not charged with murder- or manslaughter?

          0 replies 0 retweets 0 likes
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        1. New conversation
        2. taurusmoon‏ @threetongues 29 May 2020
          Replying to @BarbMcQuade

          Barbara, love you first of all. Second, why can’t an arrest be made on probable cause and then do the proper investigation you reference? I see them as two different issues.

          1 reply 2 retweets 3 likes
        3. Dread Pirate Roberts‏ @Cryptotis 29 May 2020
          Replying to @threetongues @MarkElder5 @BarbMcQuade

          Exactly MY question. Arrest first for probable cause, then run a thorough investigation. Then give him a fair trial.

          0 replies 0 retweets 0 likes
        4. End of conversation
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        2. Heidi Claeys‏ @heidi_claeys 29 May 2020
          Replying to @gymnat545 @BarbMcQuade

          After being told to stop by the paramedic time after time?

          0 replies 1 retweet 7 likes
        3. End of conversation

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