Dr Marilyn Mcmahon
|Faculty or Division:||Faculty of Business and Law|
|Department:||BL Deakin Law School|
|Campus:||Melbourne Burwood Campus|
|Phone:||+61 3 924 46184 +61 3 924 46184|
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.
Registered Psychologist, Psychologists Registration Board, Australia.
• 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.
Subjects and units currently teaching
MLL218 Criminal Procedure
MLL214 Criminal Law
Conferences and seminars
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.
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.
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
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.
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.
- 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.
• 2010, Faculty of Law and Management, La Trobe University, Researh Grant
Project: Prosecutorial Discretion and Homicide.
Research grant received: $5,700
• 2002 La Trobe University School of Law & Legal Studies Research Grant.
Project: The New Policing: Police Use of Forensic Interview Techniques with Victims and Witnesses.
Research grant received: $1,662
• 2002 La Trobe University School of Law & Legal Studies Research Grant.
Project: Parricide Offenders: Prior Experiences of Abuse and Use of ‘Mental State’ Defences (2002).
Research grant received: $874.
• 2001 La Trobe University School of Law & Legal Studies Research Grant.
Project: Use of the Enhanced Cognitive Interview for Cognitively ‘Dense’ Events
Research grant received: $2,974.
• Department of Health and Aged Care Services.
Project: Development, Implementation and Evaluation of a Medico-Legal Teaching Module for General Practitioners. (2000)
Grant (consultant’s fee) received: $7,200.
• 1999 La Trobe University, School of Law & Legal Studies Research Grant.
Project: The Use of the Polygraph in Crime Investigation in Australia.
Research grant received: $1,889.
• 1998 Commonwealth Department of Health and Family Services
Project: Legal Standards and General Practice in Victoria: Attitudes, Impact and Outcomes. (With L. Darvall and L. Pitterman).
Research grant received (General Practitioners’ Evaluation Program Project Grant): $33,000.
• 1996 Victorian Department of Justice.
Project: Evaluating the Victim-Offender Reconciliation Program (with C Davids, T Fisher, N Spooner and A Love)
Grant (tender) received: $9,500.
• 1994-1995 South Australian Police Department
Project: Unley and Mitcham Shire Home Protection Project. (with C Davids and S Mackenzie).
Research grant received: $10,000.
• 1993 Swinburne University of Technology, Faculty of Arts.
Project: Intellectual Disability and Crime. (with A Knowles).
Research grant received: $1,400.
• 1992 Commonwealth Department of Health, Housing and Community Services.
Project: Report of the Health/Medical Injuries Case Studies Project. (With G. Coventry, J. Daly, M. Evans, C. Lowy and G. Roberts).
Research grant received: $43,000.
• 1991 La Trobe University, School of Social Sciences.
Project: The Concept of Dangerousness in Psychotherapeutic Practice.
Research grant received: $1,200.
McMahon, M (2008) ‘Confidentiality, Privacy and Health Information Management’ in Kennedy, R (ed) Allied Health Professionals and the Law. The Federation Press.
McMahon, M (2006). Confidentiality, privacy and privilege: Protecting and disclosing information about clients. In Morrissey, S and Reddy, P (eds) Ethics and Professional Practice for Psychologists, Thomson. (pp.74-89).
McMahon, M. (2006) Re-thinking confidentiality. In Freckelton, I. and Petersen, K. (eds.) Disputes and Dilemmas in Health Law. Federation Press .
McMahon, M. (1999). The ritual of confidentiality. In Freckelton, I. and Petersen, K. (Eds.) Controversies in Health Law. Federation Press. (pp.134-161).
Davids, C and McMahon, M ‘Police Misconduct as a Breach of Public Trust: The Offence of Misconduct in Public Office (2014) 19(1)Deakin Law Review 89-121.
McMahon, M and Willis, J ‘Mandatory Jury Directions in Sexual Assault Cases in Victoria: Less a Model Than a Cautionary Tale?’ (2014) 38(5) Criminal Law Journal 287-306.
McMahon, M. Retrials of Persons Acquitted of Indictable Offences in England and Australia (2014) 38 Criminal Law Journal 159-184
McMahon, M Review of Cases That Changed the Law (2013) 17 (1) Deakin Law Review 203-205.
McMahon, M. Homicide, self-defence and the (inchoate) criminology of battered women. (2013) Criminal Law Journal
Guz, A. and McMahon, M. Is imminence still necessary? Current laws governing imminence in self-defence in Australia. (2011) 13 (2) Flinders Law Journal
Dickson, K and McMahon, M. (2005) Will the law come running? The potential role of ‘brain fingerprinting’ in crime investigation and adjudication in Australia. Journal of Law and Medicine , 13, (2) 204-222.
Davis, M., McMahon, M. and Greenwood, K. (2005) The efficacy of the mnemonic components of the enhanced cognitive interview. Applied Cognitive Psychology, 19, (1) 75-93.
Davis, M., McMahon, M. and Greenwood, K. (2004) The role of visual imagery in the enhanced cognitive interview: Guided questioning techniques and individual differences. Journal of Investigative Psychology and Criminal Profiling, 1, 33-55.
McMahon, M. (2003). Polygraph testing for deception in Australia: effective aid to crime investigation and adjudication? Journal of Law and Medicine, 11 , 24-47.
Freckelton, I. and McMahon, M. (2002). Social science research and experimentation in Australian criminal proceedings: Prejudicial pre-trial publicity and psychological research. Journal of Law and Medicine, 9, 1-22.
McMahon, M and Wexler, D (2002) Therapeutic jurisprudence: Developments and applications in Australia and New Zealand. Law in Context, 20, (2), 1-5.
McMahon, M and Willis, J. (2002) Neighbours and stalking intervention orders: Old problems and new remedies. Law in Context, 20, (2), 95-120.
Darvall, L. and McMahon, M. (2001). General Practitioners and Legal Standards: Knowledge, Impact and Outcomes. Journal of Law and Medicine, 9, 1-18.
Forrester, L., McMahon, M. and Greenwood, K. (2001). The relationship between interrogative suggestibility and coping strategies. Psychiatry, Psychology and Law, 8, (1), 23-37.
McMahon, M. (2000). The effect of the enhanced cognitive interview on recall and confidence in elderly adults. Psychiatry, Psychology and Law, 7, 9-32.
McMahon, M. (1999). Battered women and bad science: The limited validity and utility of battered woman syndrome. Psychiatry, Psychology and Law, 6, (1), 23-49.
McMahon, M., (1997). Criminalising professional misconduct: Legislative regulation of psychotherapist-patient sex. Psychiatry, Psychology and Law, 4, (2), 177-194.