Professor Bernadette McSherry

Research Interests

Criminal Law
Criminal Procedure/Criminal Justice
Criminology
Human Rights
Medical Law
Mental Health and Psychiatry
Mental Health Law
Psychology and Law

Supervisor Profile

Qualified to supervise: Honours; Masters; PhD;

Current projects under supervision

Doctoral:

Supported decision-making and mental health law
(Co-supervisor: Penny Weller)

The Doctrine of Extended Common Purpose (SJD Thesis)
(Co-supervisor: Stephen Gray)

Detecting lies, assessing credibility, and decision making by the jury
(Co-supervisor: Jonathan Clough)

Sentencing Offenders with Mental Illnesses: A Principled Approach
(Co-supervisor: Arie Freiberg)

Mental Health Courts in Australia: Problem-solving, Stigma, and the Mentally Ill Offender

The Role of the Law in the Prevention and Remedy of Elder Abuse
(Co-supervisor: Colette Browning)

Patient Participation in Decision Making Pursuant to Mental Health Legislation
(Co-supervisor: Penny Weller)

An evaluation of the legal, ethical & economic costs & benefits of preventative detention of sex offenders
(Co-supervisor: Arie Freiberg)

Editorial Boards

- Co-editor, Legal Issues Column, Journal of Law and Medicine
- Journal of Commonwealth Criminal Law
- International Journal of Forensic Mental Health
- Monash Bioethics Review
- Psychiatry, Psychology and Law
- Psychology, Public Policy and Law

Grants and Commissions

2007-2012 ARC Federation Fellowship ($3.24M)
Rethinking Mental Health Laws: An Integrated Approach.

2007-2009: ARC Discovery Grant ($279,000) [With Patrick Keyzer, Sam Blay, John Petrila, Rajan Darjee]
Preventive Detention of High-Risk Offenders: The Search for Effective and Legitimate Parameters

2005 ARC Discovery Grant ($222,000) [With James Ogloff, John Crichton, Thomas Hadjistavropoulos, Lindsay Thomson] Confidentiality in Therapeutic Relationships: Developing Guidelines for Mental Health Professionals.

2005 ARC Linkage Grant ($143,501) [With Julie Debeljak and Susan Kneebone] Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region.

2005 Criminology Research Council ($64,000) [With Arie Freiberg and Patrick Keyzer] Preventive Detention for 'Dangerous' Offenders in Australia: A Critical Analysis and Proposals for Policy Development.

2005 Council of Australasian Tribunals (COAT) ($49,500) [With Pam O'Connor, Peter Sallman, Ian Freckleton and Bill Potter] Tribunal Members' Manual.

2005 Monash University Small Grant ($2000) Mental Health Law and Human Rights.

2002 Australian Research Council Large Grant ($79,453) [With Dr Danuta Mendelson, Livia Iacovino and Moira Paterson] Electronic Health Records: Achieving an Effective and Ethical Legal and Recordkeeping Framework.

2002 Monash University Small Grant ($6,000) Disclosure of Confidential Psychiatric Information: Legal and Ethical Issues.

2002 Strategic Monash University Research Fund ($4,100) The Role of the International Criminal Court in Combatting Terrorism.

2001 Monash University Small Grant ($9,512) Criminal Responsibility and Impaired Consciousness: Legal versus Psychological Concepts.

2001 Criminology Research Council Grant ($45,000) [With Professor Paul Mullen] Risk Assessment by Mental Health Professionals and the Prevention of Future Violent Behaviour.

2000 ARC Small Grant ($5,000) Confidentiality of Psychiatric and Psychological Communications, Dangerousness and the Duty to Warn.

Publications

2011

A number of other publications by Professor McSherry are available on line at: http://papers.ssrn.com/sol3/results.cfm

'Dangerous' People: Policy, Prediction and Practice (with Patrick Keyzer) New York: Routledge, 2011.

"The Preventive Detention of Suspected Terrorists: Better Safe than Sorry?" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011).

"‘Dangerous' People: An Overview" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011) (with Patrick Keyzer).

"Responses to ‘Dangerous' People: Where to From Here?" in Bernadette McSherry and Patrick Keyzer (eds), ‘Dangerous' People: Policy, Prediction and Practice (New York: Routledge, 2011) (with Patrick Keyzer).

"Who do I turn to? Resolving complaints by mental health consumers and carers" (2011) 18(4) Journal of Law and Medicine 669-676 (with Susan Klauber).

"Rethinking our mental health laws" (21 Jun 2011) The Conversation [accessible via http://theconversation.edu.au/rethinking-our-mental-health-laws-1916].

Selected list of publications, including those prior to 2011