Dr Marilyn Mcmahon

STAFF PROFILE

Position

Associate Professor

Faculty

Faculty of Business and Law

Department

BL Law

Campus

Melbourne Burwood Campus

Contact

Biography

Marilyn McMahon joined the School of Law in February 2012, having previously worked at La Trobe University. Her research interests are in the areas of criminal law, criminal procedure, criminal responsibility and evidence. She is currently involved in three major research projects. The first is an investigation of the rule against double jeopardy and it contemporary reform in Australia. The second project explores self-defence, comparing developments in the United States with those in Australia. The final project is an historical exploration of how women who are victims of domstic violence are constructed in legal proceedings, especially where they have killed their abusive partner.

Marilyn has published articles on criminal defences (self-defence and mental state defences) and criminal procedure. She currently is supervising graduate students who are exploring the criminalisation of the infliction of mental harm and the reform of bail in Victoria. She is happy to supervise research students in any aspect of criminal law, criminal procedure and criminal justice.

Read more on Marilyn's profile

Research interests

  • The rule against double jeopardy and it contemporary reform in Australia.
  • Pleas in bar at trial
  • Prosecution appeals against acquittal
  • The law of self-defence, including comparing developments in Australia with those in the United Kingdome and the United States
  • Criminal responsibility
  • Historical development of the criminal lawHow women who are victims of domestic violence are constructed in legal proceedings, especially where they have killed their abusive partner.

Affiliations

Registered Psychologist, Psychologists Registration Board, Australia.

Teaching interests

Criminal law

Criminal Procedure

Evidence

Units taught

MLL218 Criminal Procedure

MLL214 Criminal Law

Conferences

(2015-2010)

2015

McMahon, M. (2015). Are Low Conviction Rates in the Trials of Sex Offences Due to Juries Endorsement of Rape Myths? Paper presented at the European Association for Psychology and Law, Nuremberg, 3-7 August.

2013
McMahon, M. (2013). Murder and Madness: Intimate partner homicide and disordered mental states. Paper presented at the Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law, Adelaide, 13 November.
McMahon, M. (2013). Intimate partner homicide and the defence of insanity. Paper presented at the Annual Conference of the Australian and New Zealand Society of Criminology, Brisbane, 1 October.

2012
McMahon, M. (2012). From Anthropometry to Risk Assessment: Measuring Recidivism. Paper presented at the annual Conference of the European Association of Psychology and Law, Nicosia Cyprus, 11 April


2011
McMahon, M. (2011). Changing Constructions of the Recidivist: From Habitual Criminals to Dangerous Offenders. Paper presented at the annual Conference of the Law and History Society, Brisbane 12-13 December.
McMahon, M. (2011). Self-Defence and the State. Paper presented at the annual Conference of the International Society of Criminology, Kobe Japan, 7 August.

2010
McMahon, M. (2010). The (Inchoate) Criminology of Self-Defence of Battered Women. Paper presented at the Annual Conference of the Australian and New Zealand Society of Criminology, Alice Springs, 27 September.
McMahon, M. (2010). Imminence and Self-Defence. 65th Annual Conference of the Australasian Law Teachers Association, University of Auckland, New Zealand. 7th July.
McMahon, M. (2010). Confidentiality, Privacy and Privilege. 27th International Congress of Applied Psychology, Melbourne. 14 July.

Professional activities

Mental Health Tribunal (previously Mental Health Review Board):
Community Member. Appointed by the Minister for Health Mr. R. Knowles (1995 – present).

Intellectual Disability Review Panel;
Psychologist Member. Appointed by the Minister for Health Ms. C. Hogg (1988 - 2004).  Designated Specialist Forensic Psychologist Member, 2002- 2004.

• Member, Editorial Board, Law in Context (2009- 2012)

• Member, Working Party on Privacy Legislation, Australian Psychological Society (2000-2002).

• Member, Working Party to Review the Code of Ethics.  Australian Psychological Society (1997).

• Member, Working Party to Revise Guidelines.  Australian Psychological Society (1997).

• Editorial Consultant, Psychology, Psychiatry and Law (1996-present).

• Chair, Ethics Committee of the Australian Psychological Society (1995 - 1997). The Australian Psychological Society is the major organisation representing psychologists in Australia. It currently has a membership of 18,000.

• Committee Member, Australian and New Zealand Association for Psychiatry, Psychology and the Law (1988-1996).

• Member for Legal and Industrial Affairs, Victorian Branch Committee, Australian Psychological Society (1989-1991).

• Delegate representing the Australian Psychological Society, appearing before the Commonwealth Government Inquiry into Mental Illness in Australia.

• Member, Working Party to Respond to the Coroner’s Recommendations Following the Inquiry into the Death of Frank Vitkovic, Australian Psychological Society.

Publications

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2014

Police Misconduct as a Breach of Public trust: the Offence of Misconduct in Public Office

A/Prof Cindy Davids, Dr Marilyn Mcmahon

(2014), Vol. 19, pp. 89-121, Deakin Law Review, Melbourne, Vic., C1

journal

Mandatory jury directions in sexual assault trials in Victoria: less a model than a cautionary tale?

Dr Marilyn Mcmahon, John Willis

(2014), Vol. 38, pp. 287-306, Criminal law journal, Rozelle, NSW, C1

journal

Retrials of persons acquitted of indictable offences in England and Australia: exceptions to the rule against double jeopardy

Dr Marilyn Mcmahon

(2014), Vol. 38, pp. 159-184, Criminal law journal, Rozelle, NSW, C1

journal
2013

Homicide, self-defence and the (inchoate) criminology of battered women

Dr Marilyn Mcmahon

(2013), Vol. 37, pp. 79-98, Criminal law journal, Rozelle, NSW, C1

journal