Crime and Punishment
Crime and Punishment
Trinity College Law School
Welcome
These interests correlate with Trinity College’s research themes of Inclusive Society; International Integration; Making Ireland; Genes and Society; Neuroscience; Ageing; and Identities in Transformation.
Convenor
Mary Rogan
Biography
Professor Mary Rogan's research interests include prison law, human rights and imprisonment, and penal policymaking. Professor Rogan received a first class honours degree in Law from Trinity College Dublin before going on to obtain a BCL from the University of Oxford. Professor Rogan received her PhD at Trinity College Dublin for her work on the penal policymaking process. She was elected to Fellowship of Trinity College Dublin in 2021. She is a barrister with expertise in prison law, receiving the degree of Barrister-at-Law from the Honorable Society of King's Inns with distinction. She is also a Member of Lincoln's Inn and the Bar of England and Wales. Prof. Rogan holds an MA in Higher Education from Dublin Institute of Technology and a Postgraduate Diploma in Statistics from Trinity College Dublin. In 2021, she became President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, becoming the first person from Ireland and the first woman to hold this position. In 2022, she won the award for best civic engagement project at the Trinity Civic Engagement Awards. She was also nominated by the School of Law for best Research Supervisor in 2022.
Professor Rogan was awarded a European Research Council Starting Grant worth 1.5million euro in 2015 for a project entitled 'Prisons: the rule of law, accountability and rights'. This work brings together, for the first time, the disciplines of public law and the sociology of punishment to examine inspection, oversight and accountability in prison systems in the United States and Europe. Professor Rogan has also received funding from the European Commission and Irish Research Council for cross-jurisdictional projects on imprisonment, and pre-trial detention, and for work on law and social change. She has led research on bail and pre-trial detention in Ireland as part of research examining seven European Union countries, and a further project examining leadership in penal change in the United States and Europe. She has also provided research consultancy to the Council of Europe on projects concerning the inspection of prisons in Ukraine and North Macedonia. She is the Book Review Editor for the Howard Journal of Crime and Justice and a member of the Research Advisory Group to the Howard League for Penal Reform.
Professor Rogan teaches Penology at Trinity College Dublin and was the first coordinator of the Undergraduate Research Project Programme at the School of Law. She has pioneered community-based learning methods in legal education, having introduced the first community-based learning module partnering with nongovernmental organisations on penal policy, and supervised the first Employment-Based PhD student researching penal policy to work with a nongovernmental organisation.
Professor Rogan is committed to using research to improve penal policy and the policymaking process. She chairs the Implementation and Oversight Group on reforms to penal policy, reporting to the Minister for Justice and Equality. She was appointed to the inaugural Research Advisory Group for the Department of Justice and Equality in July 2018. She sits on the Advisory Group to the Office of the Inspector of Prisons. She has also been a member of the Central Statistics Office's Expert Group on Crime Statistics. She is a former member of the Board of the Irish Association for the Social Integration of Offenders, the Victims' Rights Alliance, and is a former Chairperson of the Irish Penal Reform Trust.
Publications and Further Research Outputs
Peer-Reviewed Publications
Le système pénitentiaire irlandais, Céré Jean-Paul, World Prisons, 2024, pp32 , [Mary Rogan]
Christine Morgenstern, Mary Rogan and Walter Hammershick, Pre-trial Detention in Europe: A Means of Last Resort?, Abingdon, Routledge , 2023, 300pp
Sarah Curristan and Mary Rogan, When an Inspector Calls: Perceptions of Oversight among Prison Management, 2023
Social Rehabilitation and Torture Prevention Bodies in, editor(s)Adriano Martufi and Federica Coppola , Social Rehabilitation and Criminal Justice, Abingdon, Routledge , 2023, pp20 , [Mary Rogan]
Ireland: The weak European supervision of prison policies and its explanations in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners' Rights in Europe, Abingdon, 2022, pp13 , [Mary Rogan and Sophie van der Valk]
Histories of Penal Oversight in, editor(s)Black, Lynsey Brangan, Louise Healy, Deirdre , Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery, Emerald, 2022, pp360 - 380, [Mary Rogan]
Mary Rogan, Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland, European Journal on Criminal Policy and Research , 2022
The two tales of prison litigation in Germany in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners" Rights in Europe, Routledge , 2022, pp14 , [Morgenstern, Christine and Rogan, Mary ]
Ciara O'Connell and Mary Rogan, Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff, Law and Social Inquiry, 2022, p1 - 31
van der Valk, Sophie, Aizpurua, Eva, Rogan, Mary, "[Y]ou are better off talking to a f****** wall": The perceptions and experiences of grievance procedures among incarcerated people in Ireland, Law and Society Review, 2022
Sophie van der Valk and Mary Rogan, Prisoners tell how they experience inspections and the complaints system, Ireland, 2021, 13
Mary Rogan, Prison Law in Ireland Enters Adulthood: Simpson v Governor of Mountjoy Prison, Irish Supreme Court Review, 3, 2021, p121 - 140
van der Valk, Sophie, Aizpurua, Eva and Rogan, Mary, Towards a typology of prisoners' awareness of and familiarity with prison inspection and monitoring bodies, European Journal of Criminology, 2021
Eva Aizpurua and Mary Rogan, Correctional oversight bodies' resources and protections across the European Union: Are their hands tied?, Criminology and Criminal Justice, 2021
Ciara O'Connnell, Eva Aizpurua and Mary Rogan, The European committee for the prevention of torture and the gendered experience of imprisonment, Crime, Law and Social Change, 2021
Eva Aizpurua and Mary Rogan, Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union, Punishment and Society, 2021
Sophie van der Valk and Mary Rogan, Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 26, (4), 2020, p801 - 822
Sophie van der Valk and Mary Rogan, Experiencing Human Rights Protections in Prisons: The Case of Prison Monitoring in Ireland, European Journal of Criminology, 18, (1), 2020, p101 - 119
Eva Aizpurua and Mary Rogan, Understanding New Actors in European Arrest Warrant Cases Concerning Detention Conditions: The Role, Powers and Functions of Prison Inspection and Monitoring Bodies, New Journal of European Criminal Law, 2020
Ciara O''Connell and Mary Rogan , Rights and Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture' - Briefing Papers Shared with Prisons in Norway and Scotland, Ireland, 2020
In Conversation with Mary Rogan in, editor(s)Lynch, O., Ahmed, Y., Russell, H., Hosford, K. , Reflections on Irish Criminology, Cham, 2020, pp14 , [Mary Rogan]
Minimising Prisonisation and the Harms of Custody in, editor(s)P.H.P.H.M.C Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp213 - 228, [Mary Rogan]
Mary Rogan, Prison Inspection and Monitoring: The Need to Reform European Law and Policy, European Journal on Criminal Policy and Research , 2019, p1 - 21
'Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience in, editor(s)Edited by Laura Cahillane and Jennifer Schweppe , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice , Dublin, Clarus Press Ltd. , 2019, pp81 - 99, [Mary Rogan and Ivana Bacik]
Mary Rogan, "What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making" , New Journal of European Criminal Law, 10 , (3), 2019, p209 - 226
Eva Aizpurúa, Mary Rogan , La situación de las prisiones y los centros de menores en España: Analizando las observaciones del CPT, Boletín Criminológico, 1, (182), 2019, p1-11
Overusing the Criminal Justice System: the Case of Ireland in, editor(s)P.H.P.H.M.C. Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp391 - 415, [Mary Rogan and Michael Reilly]
Mary Rogan, Human rights approaches to suicide in prison: implications for policy, practice and research, Health and Justice , 2018, phttps://doi.org/10.1186/s40352
Mary Rogan and David Perry, Report on Expert Interviews, Ireland, 2018
Mary Rogan and David Perry , The Use of Pretrial Detention in Ireland: How Does the Legal Framework Operate in Practice?, Criminal Law and Practice Review, 2, 2018
Mary Rogan , Judges and resisting penal policy, Howard Journal of Crime and Justice , 57, (3), 2018, p321-338
International human rights law and high risk offenders in, editor(s)Faye S. Taxman , Handbook on Risk and Need Assessment: Theory and Practice , New York, Routledge, 2017, pp447 - 464, [Mary Rogan]
Mary Rogan, Human rights and correctional healthcare: a view from Europe, International Journal of Prisoner Health, 13, (1), 2017, p1-7
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Country Briefs, Country Briefs, Ireland, November , 2017
Women in Prison and Ireland in, editor(s)Piet Hein van Kempen Maartje Krabbe , Women in Prison: The Bangkok Rules and Beyond , Intersentia, 2017, pp479 - 512, [Mary Rogan and Michael Reilly]
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan, DETOUR: Towards Pre-trial Detention as Ultima Ratio - Comparative Report, Vienna, Austria, December , 2017, 1-80
Mary Rogan, Remission of Prison Sentences: Emerging Principles, Dublin University Law Journal, 40, (1), 2017, p217 - 231
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan , DETOUR - Towards Pre-trial Detention as Ultima Ratio, Comparative Report, Comparative Report, Ireland, December, 2017
The policymaking process and penal change in, editor(s)Deirdre Healy, Claire Hamilton, Yvonne Daly, Michelle Butler , The Routledge Handbook of Irish Criminology, Routledge, 2016, pp434 - 449, [Mary Rogan ]
David Perry and Mary Rogan , Pre-trial detention as a measure of last resort: first national report on Ireland, Dublin, 2016
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Second National Report, Expert Interviews, Ireland, First national report , 2016
Community-based research in, editor(s)Laura Cahilliane Jennifer Schweppe , Legal Research Methods Principles and Practicalities, Dublin , Clarus Press, 2016, pp89 - 106, [Mary Rogan]
Reintegration of high-risk offenders - closing remarks on human rights issues in, editor(s)Frieder Duenkel Joerg Jesse Ineke Pruin Moritz von der Wense , European Treatment, Transition Management and Re-integration of High Risk Offenders, Forum Verlag Godesberg, 2016, pp239 - 243, [Mary Rogan]
Ivana Bacik and Mary Rogan, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp
Mary Rogan, The European Court of Human Rights, Gross Disproportionality and Long Prison Sentences, Public Law, 1, 2015, p22 - 39
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, E. (2012). Coercive Confinement in Ireland. Patients, Prisoners and Penitents, 2014, -
Mary Rogan , Driving penal reform, 2014
Mary Rogan , 'Out of balance: disproportionality in sentencing ', Penal Reform International , 2014, -
Mary Rogan, Prison Law, 1st, Bloomsbury Professional, 2014, 1 - 462pp
The Penal System in Ireland: Pragmatism, Neglect and the Effects of Austerity in, editor(s)Vincenzo Ruggiero Mick Ryan , Penal Systems in Europe: A Critical Anatomy, Palgrave Macmillan, 2014, pp86 - 110, [Mary Rogan ]
Mary Rogan, 'Other status' and the rights of prisoners under Article 14 of the European Convention on Human Rights, European Human Rights Law Review , 6, 2013, p605 - 615
Mary Rogan, Prison policy in times of austerity: reflections from Ireland, Prison Service Journal, May, 2013, p9 - 15
Mary Rogan, Prisoners' rights and the separation of powers: comparing approaches in Ireland, Scotland and England and Wales, Public Law, July, 2013, p415 - 425
Mary Rogan , Rehabilitation, Research and Reform: Prison Policy in Ireland , Irish Probation Journal, 9, 2012, p6 - 32
Mary Rogan, Brown, Governor of California v. Plata et al, Modern Law Review, 2012, p261 - 274
Mary Rogan, Improving Criminal Justice Data and Policy, Economic and Social Review, 43, (2), 2012, p303 - 323
Mary Rogan, Dealing with overcrowding in prisons: contrasting judicial approaches from the USA and Ireland, Irish Jurist, 47, 2012, p195-
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, I. Coercive Confinement in Ireland: Patients, Prisoners and Penitents, Review of Coercive Confinement in Ireland: Patients, Prisoners and Penitents, by E. O'Sullivan, I. O'Donnell , Irish Journal of Applied Social Studies, 14, (1), 2012, p74-76
Mary Rogan, Day et al, Transitions to Better Lives, Review of Transitions to Better Lives: Offender Readiness and Rehabilitation, by A. Day, S. Casey, T. Ward, K. Howells, J. Vess , International Criminal Justice Review, 21, (2), 2011, p174-176
Mary Rogan, Day et al, Transitions to Better Lives, 2011, -
Mary Rogan, Yes (or no) Minister: the role of the Minister-senior civil servant dyad in the formation of prison policy in Ireland, Prison Journal, 91, (1), 2011, p32 - 56
Mary Rogan, The innocence rights of sentenced offenders, Irish Journal of Legal Studies, 2, 2011, p55 - 62
Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment, 1st, Abingdon, Routledge, 2011, 1 - 246pp
Mary Rogan, The Innocence Rights of Sentenced Offenders, Irish Journal of Legal Studies, 2, (1), 2011, p55 - 66
Mary Rogan, B. Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, Review of The Prisoner Society: Power, Adaptation and Social Life in an English Prison, by B. Crew , International Criminal Justice Review, 21, (1), 2011, p81-83
Mary Rogan, Charles Haughey, the Department of Justice and Irish Prison Policy during the 1960s, Administration, 57, (3), 2010, p65 - 86
Rogan, Mary, Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, Review of Thinking about Punishment: Penal Policy across Time, Discipline, by M. Tonry , International Criminal Law Review, 10, (5), 2010, p870-972
Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13-
Mary Rogan, Visiting committees and accountability in the Irish prison system: some proposals for reform, Dublin University Law Journal, 31, 2009, p298 - 323
Mary Rogan, Extending the reach of the state into the post-sentence period: section 26 of the Criminal Justice Act 2007, Dublin University Law Journal, 15, (1), 2009, p214-
Mary Rogan, The Prison Rules 1947: Political Imprisonment, Politics and Legislative Change in Ireland, Irish Jurist, 43, 2008, p89-
Non-Peer-Reviewed Publications
Mary Rogan, The Irish prison system, 2024
Mary Rogan, Deaths in Prison Custody, Deaths in Prisons, University of Oxford, 2022
Mary Rogan, Comparing Prison Oversight: Rights, Rules and Realism , Comparative Penology Symposium , University of Strathclyde, October 2022, 2022, Ben Crewe (Cambridge) and Louise Brangan (Strathclyde)
Mary Rogan, Recent Developments in Prison Litigation, Irish Prison Service Senior Managers Strategy Day, Irish Prison Service College, Portlaoise, Ireland, June 2022, 2022, Irish Prison Service
Mary Rogan, Human Rights Perspectives on Mothering in Prisons, IN-CJ (International Network on Criminal Justice) Mothers and the Criminal Justice System, Online webinar, 16/05/2022, 2022, Dr Lucy Baldwin
Mary Rogan, Doing comparative research on prison oversight, Leiden University Comparative Law, 2021, Prof Miranda Boone
Mary Rogan, The Prison Rules: Current Impact and Opportunities for Reform, The Prison Rules: Current Impact and Opportunities for Reform, Online , 25/02/21, 2021, Irish Penal Reform Trust
Professor Mary Rogan, Presentation on the outcome of evaluation by the Council of Europe Development Bank of judicial infrastructure in Ireland, Paris, France, 23 January 2020, 2020
Professor Mary Rogan, Dr. Ciara O'Connell, Sarah Curristan, Sophie van der Valk and Dr. Eva Aizpurua, "Experiencing a CPT visit - the impact on prisons and penal administrators", Thirty Years of monitoring prisons in Europe, KU Leuven, December 5 2019 , 2019
Mary Rogan and Sophie Van der Valk, Complaints procedures in prisons and recent case law, Public Law Conference , UCD , 23rd May, 2019, 2019
Mary Rogan, Prison inspection and monitoring bodies: a new role in the AFSJ?, EU Law and Detention Seminar, Fitzwilliam College, Cambridge University, 17 September 2019, 2019
Mary Rogan, Battling the elements: capturing the hard to hear stories, Considerations and Challenges in Life Story Research, Trinity Long Room Hub, 6th June, 2019, 2019
Dr. Eva Aizpurua, Sophie van Der Valk, Sarah Curristan, 'Prisoners' and Staff views of Prison Oversight', Visiting Committee Training Day, IPS College, 2 December 2019, 2019
Ciara O'Connell, Eva Aizpurua and Mary Rogan, The European Committee for the Prevention of Torture and the Gendered Experience of Imprisonment, Gender in Law and Courts: Uneasy Encounters?, European University Institute, 8 November 2019, 2019
Mary Rogan, Reflection on Law, Brain Health and Diversity , Diversity and Brain Health: Perspectives from the LGBT+ Community in Ireland, Trinity Long Room Hub, 4th June, 2019, 2019, Atlantic Fellows for Equity in Brain Health at the Global Brain Health Institute (GBHI) and the School of Law
Mary Rogan , Bail and the use of pre-trial detention in Ireland: findings from an empirical study, Meeting of the Judges of the District Court, 2018
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan, 'Behind the Door': Solitary Confinement in the Irish Penal System, The Irish Penal Reform Trust, Kilmainham, 2 February , 2018, The Irish Penal Reform Trust
Mary Rogan, The Purposes of Punishment, Irish Prison Service (IPS) meeting of The Strategy and Policy Group (SPG) , Portlaoise, 12 June 18, 2018
Mary Rogan, The effects of incarceration and aging, Head Space 2018, Trinity College, Dublin, 27 April, 2018, Creative Aging International
Mary Rogan, human rights in prisons and the role of inspection and monitoring, Global Brain Health Institute, Trinity College, Dublin, 18 July, 2018, GBHI
Mary Rogan, The Future of Policing , Behind the Headlines, Synge Theatre, Trinity College, 21 February , 2018, Trinity Long Room Hub Arts & Humanities Research Institute
Mary Rogan, We have a rare window to reform justice system, 2018, -
Mary Rogan, Bail and the use of pre-trial detention: findings from an empirical study , Criminal Law: Recent Developments and Emerging Trends, Trinity College, Dublin, 19 April , 2018, Trinity Law School
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan , Towards pre-trial detention as ultima ratio? Pre-trial detention and alternatives across Europe, Law Society Professional Training , Law Society of Ireland, 27th November, 2018, 2018
Mary Rogan, Opening Statement to the Joint Committee on Justice and Equality on the Bail (Amendment) Bill 2017, 5 December , 2018
Mary Rogan, Justice in Transition: improving the penal policymaking process, Probation Board for Northern Ireland Annual Conference, Belfast, 15 March, 2018, Probation Board for Northern Ireland
Mary Rogan, Pre-trial detention in Ireland, Pre-trial detention conference, University of Leiden, 2018
Mary Rogan and Penal Policy Review Group, Fifth Report of the Implementation Oversight Group to the Minister for Justice and Equality , Fifth, Dublin, 2018
Mary Rogan, Through the lens of liberty or detention: the starting point for decisions on pre-trial detention, DETOUR conference, Vienna, November , 2017, DETOUR
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk , Submission on the Proposed Inspectorate for Places of Detention , May, 2017
Mary Rogan, Revision of the commentary to the European Prison Rules: inspection and monitoring, Council for Penological Cooperation, Strasbourg, November , 2017, Council of Europe
Mary Rogan and Sophie van der Valk, Ireland and OPCAT six years on: have things changed?, Ireland, 2017
Mary Rogan, Inspection and Monitoring of Prisons in the commentary to the European Prison Rules , PCCP Plenary Meeting, Strasbourg, France, 2017
Mary Rogan, Correctional oversight: comparing Europe and the USA, American Society of Criminology, Philadelphia, November 2017, 2017
Mary Rogan, European Human Rights Law and Death in Prison: Obligation and Reforms, ESRC funded conference on Death in Punishment, School of Law, University of Sheffield, 25 October 2017, 2017
Mary Rogan, Inspection and Monitoring of Prisons: the role of European human rights law, European Society of Criminology, Cardiff, September 2017, 2017
Mary Rogan, The evolving role of imprisonment in Ireland, Law Society Annual Human Rights Conference, Dublin, October , 2017, Law Society
Mary Rogan, Inspection and monitoring of prisons, Ethics of Vulnerability conference, Dublin, November , 2017, UCD Centre for Ethics in Public Life
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Solitary confinement and the role of the courts, Solitary Confinement and the Role of the Courts in the USA and Ireland, Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Irish Prison Service on the Code of Ethical Behaviours, Ireland, 2017
Mary Rogan , Landmarks in Irish penal history, Parnell Summer School, Avondale, Co. Wicklow, Ireland, August , 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Council for Penological Cooperation : Revision of the Commentary to the European Prison Rules, Dublin, August, 2017
Mary Rogan , Current issues in the Irish Prison System, Waterford Institute of Technology, 2016
Mary Rogan , Internal Prison Inspection: Human Rights standards and examples of practice in Europe, 2016, -
Mary Rogan , Prison inspection: international human rights standards, Skopje, FYRO Macedonia, 2016, Council of Europe
Mary Rogan , 'The Syrian who did us all some service by suing the State" ', The Irish Times , 2016, -
Lynsey Black and Mary Rogan , The Inspector of Prisons' reports into deaths in custody, the National Steering Committee on Deaths in Custody, 2016
Mary Rogan , Overuse of imprisonment and minimising prisonisation, International Penal and Penitentiary Foundation Colloquium , Helsinki, Finland, 2016
Ivana Bacik Mary Rogan , Briefing Paper on the findings of 'Changing Ireland, Changing Law , 2016, -
Mary Rogan , 'La renición de cuentas en nuestras prisones', Justicia+, El Institutio de Justicia Procesal Penal, Mexico, 2015, -
Mary Rogan , Remission of sentences, Constitutional Law: An Update, University College Dublin , 2015
Mary Rogan, Prisons and the law, National University of Ireland/Maynooth. , 2015
Mary Rogan, Prison inspection: purpose and principles, Kyiv, Ukraine, 2015, Council of Europe
Mary Rogan, Penal policy: politics, penal-welfarism and political imprisonment , Pitzer College, California/United States of America., 2015
Mary Rogan, Prison Law: remission and visits , Dublin City University/Ireland, 2015
Mary Rogan, Legal issues and solitary confinement: the Irish perspective , American Society of Criminology Conference, Roundtable Sessions, 2015
Mary Rogan , Parenting and prisons: a human rights perspective, Conference on prison education and re-entry, Dublin Institute of Technology, 2015
Mary Rogan, Prisons and accountability: the role of rights' protection , Human Rights Centre, National University of Ireland, Galway, 2015
Mary Rogan , How Ireland might ratify OPCAT, Conference on Securing Accountability , Dublin, Ireland, 2015, Irish Penal Reform Trust
Mary Rogan, Release and visits , Criminal Law Forum of practitioners and academics , King's Inns, Dublin, Ireland, 2015
Mary Rogan, 'What happens when a pregnant woman or nursing mother gets sent to jail', thejournal.ie, 2014, -
Mary Rogan, The European Convention on Human Rights and the treatment and transition management of high risk offenders , Justice Cooperation Network, Warnemuende/Germany, 2014
Mary Rogan, The Rule of Law and Access to Justice in Prisons, Burren Law School, Burren/Ireland, 2014
Mary Rogan , '"Pregnancy, childbirth and motherhood in prison', Pregnancy Research Network , 2014, -
Mary Rogan , Models of penal reform, US-European Criminal Justice Innovation Programme, 2014, University of California, San Francisco, Prison Law Office
Mary Rogan, Understanding penal change: north and south , Irish Criminology Conference, University College Dublin/Ireland, 2014
Mary Rogan, The role of the courts in Ireland; Improving conditions related to detention, European Rights Academy, Council of Europe, Strasbourg , 2014
Mary Rogan, Prison Policy in Ireland, School of Law, Trinity College Dublin/Ireland, 2014
Mary Rogan, Driving penal reform, Scottish Association for the Study of Offending, Dunblane/Scotland, 2013
Mary Rogan, Prison Conditions Under Irish Law and the European Convention on Human Rights , Dublin , 2012, 1-27
Rogan, Mary, Deaths in Prison Custody: Information for Families and Others Affected, Dublin , Irish Penal Reform Trust, June, 2012, 1-28
Mary Rogan, Taking Prison Law Cases: A Practical Approach, Dublin , 2012, 1-11
Mary Rogan, Rehabilitation, research and reform: Prison policy in Ireland, Martin Tansey Memorial Lecture, Association for Criminal Justice Research and Development, Dublin/Ireland, 2012
Mary Rogan, Accountability Structures and the Law Regulating Irish Prisons , Dublin , Irish Penal Reform Trust , June, 2012, 1-29
Mary Rogan, The Determinants of Penal Policy in Ireland, Society for the Study of Deviance and Social Control, Chambery/France, 2011
Mary Rogan, , , 1998
Research Expertise
Projects
- Title
- Prisons: the rule of law, accountability and rights
- Summary
- This project aims: 1. To find out whether 'accountability' is a distinctive norm of the European legal system, and what European prison law and policy requires regarding the oversight and monitoring of prisons; 2. To find out how accountability is experienced by prisoners, prison staff and staff of bodies such as Ombudsmen, inspectors, and bodies which deal with complaints; 3. To create a typology of accountability bodies in European prison systems, and examine the relationship between the presence of such bodies and other indicators of prison regimes. Dr. Rogan will lead a team of three postdoctoral researchers, two PhD students, an MPhil student and a research assistant to carry out the work.
- Funding Agency
- European Research Council
- Date From
- 2016
- Date To
- 2021
- Title
- Towards pre-trial detention as ultima ratio?
- Summary
- This project examines the use of pre-trial detention and alternatives to such detention across Europe. It involves work in Ireland, Romania, Austria, Germany, Lithuania and the Netherlands. It will analyse pre-trial detention practices, with a particular focus on decisions which have a cross-border element,
- Funding Agency
- European Commission DG Justice
- Date From
- 2016
- Date To
- end 2017
- Title
- Leadership, culture and managing prisons: knowledge exchange between the USA and Europe
- Summary
- LEADERS will build a global network of innovative prison leaders engaged in progressive reforms to prison systems, the NGO partner, the Irish Penal Reform Trust, and the academic and NGO sectors in Ireland and the USA. LEADERS provides masterclasses and opportunities for reflection by prison leaders in selected US states and European countries. Participants will be invited to take part in research examining the challenges faced by prison leaders. LEADERS fulfils a core aim of the NGO partner - to support prison leadership to implement policy change.
- Funding Agency
- Irish Research Council
- Date From
- 01/01/17
- Date To
- 30/09/17
Recognition
Representations
President, International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, a 150 year old body with members across five continents with the aim of promoting studies in crime prevention and penal policy.
Book review editor and member of international editorial board, Howard Journal of Crime and Justice
Appointed by the Tánaiste and Minister for Justice and Equality as Chairperson of the Implementation and Oversight Group for the Report of the Strategic Review Group on Penal Policy
Member. Research Advisory Group, Howard League for Penal Reform (UK)
Member, Inaugural Research Advisory Group, Department of Justice
Member of the inaugural Department of Justice and Equality Research Advisory Group
Reviewer Canadian Journal of Law and Society
Reviewer Punishment and Society
Consultant on review of funding to build Cork Prison and a youth detention centre for the Council of Europe Development Bank
Consultant on human rights and prison issues, Council of Europe for projects in Ukraine and North Macedonia
Reviewer, research grant applications, National Science Centre, Poland
Reviewer and panel member for ERC mock interviews, SSH applicants, Irish Research Council
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons
Elected to the International Penal and Penitentiary Foundation in respect of Ireland (representing academia; the two other representatives being Vivan Geiran, Director of the Probation Service and the Hon. Ms. Justice Úna Ní Raifertaigh, judge of the Court of Appeal).
Appointed by the Central Statistics Office to the Expert Group on Crime Statistics
Member Advisory Group, ERC-funded RECEDE project (University of Nottingham)
Presented on bail and pre-trial detention to Oireachtas sub-committee on Justice
Reviewer British Journal of Criminology
Member of the interim Board of the Victims' Rights Alliance
Reviewer, Routledge
Member Advisory group ESRC funded project on Deaths in Custody University of Nottingham
Board member, Irish Association for the Social Integration of Offenders
Reviewer, Child and Family Law Quarterly
Reviewer, Theoretical Criminology
Appointed by the Minister for Justice and Equality to the Working Group conducting a Strategic Review of Penal Policy in Ireland
Invited research collaborator, Confederation of European Probation
Chairperson, Advisory Board, Prisoner Support Network (Pathways Project and Care After Prison)
Chairperson, Irish Penal Reform Trust (foremost NGO on penal affairs in Ireland)
External Examiner, Sligo Institute of Technology, (Higher Certificate in Custodial Care, Law programmes)
External Examiner, School of Law and Government, Dublin City University/Ireland: LLB (Law and Society) and LLM programmes
External Examiner, Criminal Justice, Waterford Institute of Technology/Ireland
Reviewer, Palgrave Macmillan
Reviewer, University of Monash Law Review
External Examiner, Letterkenny Institute of Technology (Law)
Academic Advisor, Trinity College Law Review
Organiser of a public event on 'Changing Ireland, Changing Law' selected for inclusion in PROBE: Research Uncovered event at Trinity College Dublin/Ireland
Presented to the Joint Oireachtas Committee on Justice, Defence and Equality on research into public interest law and strategic litigation
Presentation on "The impact of ERC funding", European Research Council Day, Royal Irish Academy, Dublin/Ireland
Awards and Honours
Best Civic Engagement Project, Trinity Civic Engagement Award
Law School Nominee for Trinity College Dublin Graduate Supervision Prize
President, International Penal and Penitentiary Foundation
Honorary Lifetime Member, Irish Penal Reform Trust
British Institute of International and Comparative Law Visiting Fellowship
Teaching Excellence Award/Dublin Institute of Technology
James Murnaghan Memorial Prize/Honorable Society of King's Inns
Simms'' prize for best performance in BCL examination in Crime, Justice and the Penal System/University of Oxford
Trinity College Postgraduate Studentship/Trinity College Dublin
Graduate Bursary/University of Oxford
Selected by Trinity College Dublin to participate in the LFHE Aurora programme
Réalt Scholarship/Dublin Institute of Technology
Memberships
President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons, Ireland
Member, The Honorable Society of Lincoln's Inn, London, UK
Chair, Implementation and Oversight Group for the Review of Penal Policy (appointed by the Minister for Justice)
Member, Howard League for Penal Reform (UK) Research Advisory Group
Member for Ireland and Voting Member, the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Advisory Group to ERC-funded project RECEDE, University of Nottingham
Member, Penal Policy Review Group (appointed by the Minister for Justice)
Member, Expert Group on Crime Statistics (with the Central Statistics Office) - set up to carry out a comprehensive review of the collection, publication and methodology for crime statistics in Ireland
Member Inaugural Research Advisory Group, Department of Justice, Ireland
Director, Irish Association for the Social Integration of Offenders
Chairperson, Irish Penal Reform Trust
Member, Division on Corrections and Sentencing, American Society of Criminology
Member of the Board, Victims' Rights Alliance
Convenor, 'Cultural and Legal Lives of Incarceration' Network, Law and Society Association
News and Events
Victims, the Public Interest, and the Criminal Process - Public Lecture by Prof Shane Kilcommins - Tuesday, 2 October 2018 Irish Youth Justice Policy and Practice - Keynote Address: Thursday, 27 September 2018, 4 - 6 pm Keynote address: Professor Stephen Case (Criminology, Loughborough) will provide a keynote address to kick-start the research roundtable and share how the ‘Positive Youth Justice’ framework was developed and how it is being used to advocate youth justice reform in England and Wales. His primary research interests are youth justice, youth crime prevention, children’s rights and social justice, particularly the promotion of positive, children first ways of working with children embroiled in the Youth Justice System. Stephen has conducted associated research for the ESRC, Home Office, Youth Justice Board, Welsh Government and the Leverhulme Trust. He has published widely on the topic of positive youth justice, most notably in Youth Justice Journal (cf. Case and Haines 2018), has co-authored the book ‘Positive Youth Justice: Children First, Offenders Second’ (Haines and Case 2015) and has most recently published ‘Youth Justice: A Critical Introduction’ (Case 2018). He is also a Director of the Standing Committee for Youth Justice and sits on the steering group of the Association of Panel Members. Event and further information available from the conference website. Criminal Law: Recent Developments and Emerging Trends - CPD Conference - Thursday, 19th April 2018 The Crime and Punishment Research Group at the Law School Trinity College Dublin will host a conference on Criminal Law: Recent Developments and Emerging Trends on Thursday 19 April 2018 from 6pm to 8.15pm. Chaired by Ms Justice Una Ni Raifeartaigh, the conference will present papers from legal experts on developments in four key areas of law and practice: bail, evidence under the ECHR, criminal culpability, and sentencing. A detailed programme and information about registration are provided on the conference website. Mary Rogan, group member, will be a panellist at "The Future of Policing" as part of the 'Behind the Headlines' Series hosted by Trinity Long Room Hub Arts & Humanities Research Institute. More information at the Law School news page and trinitylongroomhub. The Crime and Punishment Research Group are hosting a lunchtime Seminar on Friday 9th March on Research Methods aimed at staff and postgraduate research students with an interest in criminal justice research.
Academic Members
Ivana Bacik
Professor Ivana Catherine Bacik
Adjunct Assistant Professor, Law
Biography
Ivana Bacik LLB LLM (LOND), F.T.C.D., Barrister-at-Law. Ivana Bacik is the Reid Professor of Criminal Law, Criminology and Penology (1996). She has a Law degree from Trinity College Dublin and an LL.M. from the London School of Economics. She is a barrister, and teaches courses in Criminal law; Criminology; and Feminist Criminology at Trinity. She is also a Senator for Dublin University. Her research interests include criminal law and criminology, constitutional law, feminist theories and law, human rights and equality issues in law.
Publications and Further Research Outputs
Peer-Reviewed Publications
Ivana Bacik, '#MeToo, consent and prostitution - The Irish law reform experience, Women's Studies International Forum, 86, 2021, p1 - 8
The Offences Against the State Acts: Reflections from Practice and the Legislature in, editor(s)Mark Coen , The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?, Hart Publishing, 2021, pp203 - 219, [Ivana Bacik]
A Changing Landscape: Ireland and the #MeToo Movement' in, editor(s)Noel, A. and Oppenheimer, D. (Eds) , The Global #MeToo Movement: how social media propelled a historic movement and the law responded, USA, Full Court Press, 2020, pp139 - 146, [Ivana Bacik]
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 1, Irish Law Times, 38, (17), 2020, p254 - 258
Bacik, Ivana, ""If Consent is Bought, It Is Not Freely Chosen": Compromised Consent in Prostituted Sex in Ireland, Dignity: A Journal on Sexual Exploitation and Violence, 5, (3), 2020, p1 - 10
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 2, Irish Law Times, 38, (18), 2020, p270 - 274
Ivana Bacik, , 'A Feminist Perspective on Prostitution Law Reform under Part 4 of the Criminal Law (Sexual Offences) Act 2017' , Irish Criminal Law Journal, 29, (3), 2019, p58 - 67
McCarthy-Jones, S., Bulfin, A., Nixon, E., O'Keane, V., Bacik, I. & McElvaney, R., Associations Between Forced and "Persuaded" First Intercourse and Later Health Outcomes in Women, Violence Against Women, 25, (5), 2019, p528 - 548
Prostitution Law in, editor(s)Lynsey Black and Peter Dunne , Law and Gender in Modern Ireland, Oxford, Hart Publishing, 2019, pp21 - 38, [Ivana Bacik ]
Electoral Amendment (Political Funding) Act 2012 - Commentary' in, editor(s)Erika Rackley and Rosemary Auchmuty , Women's Legal Landmarks, Oxford, Hart Publishing, 2019, pp589 - 596, [Bacik, Ivana]
, ''Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience' in, editor(s)Cahillane, Laura and Schweppe, Jennifer (Eds) , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice, Dublin, Clarus Press, 2019, pp81 - 98, [Bacik, Ivana and Rogan, Mary]
Bacik, Ivana, Book Review of Shane Kilcommins et al, The Victim and the Irish Criminal Process. Manchester University Press, 2018, Criminal Law and Practice Review, 2, 2018, p133 - 136
Commentary on Foy v. An tArd Chláraitheoir in, editor(s)Mairead Enright, Julie McCandless and Aoife O'Donoghue , Northern/Irish Feminist Judgments, London, Bloomsbury, 2017, pp579 - 586, [Bacik, Ivana]
The Impact of the Constitution on Women's Rights in, editor(s)Alan Hayes and Maire Meagher , A Century of Progress? Irish Women Reflect., Dublin, Arlen House, 2016, [Bacik, Ivana]
Ivana Bacik and Mary Rogan, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp
Bacik, Ivana, Bacik, Ivana, Review of Mary Rogan, Prison Law. London: Bloomsbury, 2014, Dublin University Law Journal, 38, (1), 2015
A Feminist Review of the Law on Abortion in, editor(s)Fischer, C. and McAuliffe, M. , Irish Feminisms: Past, Present and Future, Dublin, Arlen House, 2015, pp147 - 168, [Bacik, I.]
Bacik, I., History of Abortion Law in Ireland: Prospects for Change, Medico-Legal Journal of Ireland, 20, (2), 2014, p75 - 81
Bacik, I., 'Legislating for Article 40.3.3' , Irish Journal of Legal Studies , 3, (3), 2013, p18 - 35
Bacik, I., Derek Dunne, Judicial Review of Criminal Proceedings , Review of Derek Dunne, Judicial Review of Criminal Proceedings , by Derek Dunne , Irish Jurist , 49, (2013), 2013, p242-3
Bacik, I., 'The Irish Constitution and Gender Politics: Developments in the Law on Abortion' , Irish Political Studies , 28(3), (2013), 2013, p380 - 398
'The Politics of Sexual Difference: The Enduring Influence of the Catholic Church' in, editor(s)Giffney, N. and Shildrick, M. (eds) , Theory on the Edge: Irish Studies and the Politics of Sexual Difference., England, Palgrave MacMillan, 2013, pp17 - 28, [Bacik, I.]
Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review 2, Dublin, First Law, 2012
Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review, Dublin, First Law, 2011
I.C. Bacik and L. Heffernan, Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, 1 - 178pp
Recent Developments in the Law on Search Warrants in, editor(s)Bacik, Ivana and Heffernan, Liz , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp35 - 52, [Bacik, Ivana]
Future Directions for the Constitution in, editor(s)Doyle, Oran and Carolan, Eoin , The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, pp135 - 146, [Bacik, Ivana]
Bacik, Ivana, Breaking the Language Barrier: Access to Justice in New Ireland, Judicial Studies Institute Journal, 2, 2007, p109-
E. Drew and I. Bacik, Struggling with Juggling: Gender and Work/Life Balance in the Legal Professions, Women's Studies International Forum, 29, (2), 2006, p136 - 146
'Law in a Republic' in, editor(s)Jones, M. (ed) , The Republic: Essays from the Thomas Davis Lecture Series., Dublin, Mercier Press, 2005, pp102 - 118, [Bacik, I.]
Bacik, I., Kicking and Screaming: Dragging Ireland into the Twenty-First Century, Dublin, O'Brien Press, 2004, 256pp
'Immigration and Citizenship Law: Implications of the Referendum Proposal' in, editor(s)Trinity College Law School , The Citizenship Referendum: Implications for the Constitution and Human Rights, Dublin, TCD Law School, 2004, pp34 - 47, [Bacik, I.]
Criminal Law in, editor(s)Kilkelly, U. , ECHR and Irish Law, Bristol, Jordan Publishing, 2004, pp151 - 180, [Bacik, I.]
Bacik, I., Costello, C. and Drew, E., Gender In Justice, Trinity College Law School, 2003
Bacik, I., Free Speech, the Common Good and the Rights Debate, Republic, 2003
Ivana Bacik, Cathryn Costello, Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Law School, Trinity College, 2003, 1 - 431pp
Ivana Bacik, Cathryn Costello and Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Trinity College Dublin. Law School, 2003, 1 - 431pp
Bacik, I., 'Gender InJustice - Women Lawyers' , Bar Review, 8, (6), 2003, p260 - 262
'Harassment' in, editor(s)Costello, C. and Barry, E. (eds) , Equality in Diversity: the New Equality Directives, Dublin, Irish Centre for European Law, 2003, [Bacik, I.]
'Feminism', Lalor, B., Encyclopaedia of Ireland, Dublin, Gill & Macmillan, 2003, [Bacik, I.]
Bacik, I. and Costello, C., 'Women in Law in Ireland' , Bar Review, 7, (4), 2002, p4 - 5
Women and the Criminal Justice System in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.]
Bacik, I., '"If it Ain't Broke?" A Critical View of the Law Reform Commission Consultation Paper on Homicide: Mental Element in Murder' , Irish Criminal Law Journal, 12, 2002, p6 - 9
The Practice of Sentencing in the Irish Courts in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.]
Bacik, I., 'Incorporation of the European Convention on Human Rights - What Effect will it have on Innocence, Silence and Legal Representation in Irish Criminal Law?' , Irish Criminal Law Journal, 11, 2001, p14 - 17
Bacik, I., 'Case and Comment: DPP v. Finn' , Irish Criminal Law Journal, 11, 2001, p22-
Bacik, I. and Livingstone, S., Towards a Culture of Human Rights in Ireland, Cork University Press, 2001
Bacik, I., 'Harassment' , Employment Law Today, 1, 2001, p32 - 42
'Sentencing Practice in Ireland: A Focus on the Concepts of Minimum and Mandatory Sentencing' in, editor(s)Binchy, W. and Sarkin, J. (eds) , Human Rights, the Citizen and the State: South African and Irish Approaches. , Dublin, Round Hall, 2001, [Bacik, I.]
Bacik, I., The Sex Offenders Bill 2000, Bar Review, 5, (7), 2000, p387 - 390
Bacik, I., Rape and the Law: the Quest for a Best-Practice Rape Law Model, Irish Journal of Feminist Studies, 4, 2000, p17 - 30
Bacik, I., 'The Sex Offenders Bill 2000' , Bar Review, 5, (7), 2000, p387 - 390
Bacik, I. and Baxter, M., 'Reflections on the Operation of the Bail Act 1997' , Practice and Procedure, 2, (3), 2000, p3 - 5
Bacik, I., 'Law Reform Commission Consultation Paper on Homicide: the Mental Element in Murder' , Dublin University Law Journal, 22, 2000, p264 - 269
Bacik, I., Consistent Sentencing?, Studies, 38, 1999, p164 - 174
'Legal Status of Pupils in the European Union: The Situation in Ireland' in, editor(s)De Groof, J. and Penneman, H. (eds) , The Legal Status of Pupils in Europe, London, Kluwer International, 1998, [Bacik, I.]
Bacik, I., O'Connell, M. (eds), Crime and Poverty in Ireland,, Dublin, Round Hall, 1998
Bacik, I., Maunsell, C. and Gogan, S., The Legal Process and Victims of Rape,, Dublin, Rape Crisis Centre, 1998
Bacik, I., Kelly, A., O'Connell, M. and Sinclair, H., Crime and Poverty in Dublin: an analysis of the association between community deprivation, District Court appearance and sentence severity, Irish Criminal Law Journal, 7, 1997, p104 - 133
Bacik, I., Kingston, J. and Whelan, A., Abortion and the Law, Dublin, Round Hall/Sweet & Maxwell, 1997
'Combating Discrimination: the affirmative action approach' in, editor(s)Byrne, R. and Duncan, W. (eds) , , Developments in Discrimination Law in Ireland and Europe, Dublin, Irish Centre for European Law, 1997, [Bacik, I.]
Bacik, I., 'The Bail Act 1997' , Practice and Procedure, 3, 1997, p7 - 9
Bacik, I., 'Abortion: Conflicting Rights, Duties and Arguments' , Medico-Legal Journal of Ireland, 3, 1997, p83 - 84
Bacik, I., 'Non-Fatal Offences Against the Person Act, 1997', Irish Current Law Statutes Annotated, 1997, p26-01 - 26-08
Non-Peer-Reviewed Publications
Bacik, Ivana, Book Review, Juno Mac and Molly Smith, Revolting Prostitutes: the fight for sex workers' rights. , Dublin Review of Books, (114), 2019, p1-4
Bacik, I. and Prendergast, D. (eds), Criminal Law and Practice Review, Dublin, Clarus Press, 2014, 1 - 166pp
Legislative Developments in Criminal Law and Procedure' in, editor(s)Bacik, I. and Prendergast, D. , Criminal Law and Practice Review, Dublin, Clarus Press, 2014, pp45 - 56, [Bacik, I.]
Bacik, I., 'Legislative Structures for Hospital Governance - Current Issues' , Administration, 62, 2014, p29 - 40
Reconstructive Potential in the Constitutional Convention in, editor(s)Dorgan, Theo , Foundation Stone: Notes Towards a Constitution for a 21st Century Republic, Dublin, New Island, 2014, pp42 - 65, [Bacik]
Bacik, Varieties of Democracy, Dublin, University of Gothenburg, 2013
Drew, Bacik, Coen, Report on Fundamental Rights Protection in Ireland, Dublin, EU Fundamental Rights Agency, 2012
Valiulis, Redmond, Bacik, Rogan, Woods, O'Driscoll, Brooke Hughes, Interdisciplinary Report on Prostitution in Ireland, Dublin, Irish Human Rights Commission, April, 2009, 1, 260
Bacik, Ivana, Report on Prostitution and Human Rights, Dublin, Irish Human Rights Commission, Centre for Gender and Women's Studies, Trinity Colllege Dublin, 2007
Bacik, Heffernan, Brazil, Woods, Report on Services and Legislation Providing Support for Victims of Crime, 2007
Bacik, Ivana; Heffernan, Liz; Brazil, Trish and Woods, Report on Services and Legislation Providing Support for Victims of Crime, Dublin, Department of Justice, Equality and Law Reform, 2007
Bacik, I., 'Gender InJustice' , Law Society Gazette, 98, (6), 2004, p16 - 16
Research Expertise
Description
Criminal Law, Criminology, Constitutional law, Equality and Human Rights law, Feminist Theory and LawProjects
- Title
- Varieties of Democracy
- Summary
- An international multi-disciplinary research project aimed at constructing a global index of democracy and governance
- Funding Agency
- University of Gothenburg/Swedish government
- Date From
- October 2013
- Date To
- December 2013
- Title
- Changing Ireland Changing Law
- Summary
- In 2015, Dr Mary Rogan and I were awarded Irish Research Council funding for 'Changing Ireland, Changing Law' (CICL), under the IRC 'Engaging Civic Society' stream of its New Foundations scheme, to promote public discussion and reflection on how law and social change interact in Ireland. Additional funding was also secured from the TCD Equality Fund and Arts & Social Sciences Benefactions Fund.
- Funding Agency
- Irish Research Council
- Date From
- 1 January 2015
- Date To
- 31 December 2016
Recognition
Representations
Editor, Irish Criminal Law Journal
Awards and Honours
Elected to Fellowship, Trinity College Dublin
Trinity College Dublin Entrance Exhibitionship and Sizarship
British Academy Studentship Award to L.S.E.
London School of Economics Bursary & Maintenance Award
Middle Temple Major Benefactors Award
Middle Temple Pupillage Award
Provost's Teaching Award
Memberships
Member, King's Inns, Dublin, 1994 - present Member, Middle Temple, London, 1992 - present Member, British Society of Criminology, 2003 - present Member, American Society of Criminology, 2004 - present Member, Irish Women Lawyers Association, 2003 - present
Liz Heffernan
Biography
Liz Heffernan, LL.B. (Dublin), LL.M. (Dalhousie), LL.M. & J.S.D. (Chicago), M.Ed. (Dublin), Barrister-at-Law, Attorney-at-Law.
Liz Heffernan graduated from Trinity College Dublin with a Bachelor of Laws ( LL.B.) degree and was subsequently awarded a Master of Laws (LL.M.) degree by Dalhousie University, Halifax, Nova Scotia, and a Master of Laws (LL.M.) degree and a Doctor in Jurisprudence (J.S.D.) degree by the University of Chicago. She was awarded a Master in Education (M.Ed.) degree by Trinity College Dublin in 2018.
Dr. Heffernan previously worked as a legal researcher at the Law Reform Commission, Dublin, a legal officer at the United Nations Food & Agriculture Organisation, Rome, and a law clerk at the United States District Court for the Northern District of Illinois and the United States Court of Appeals for the Seventh Circuit, Chicago.
Dr. Heffernan taught at the Law School Trinity College Dublin from 1990 to 1994, at Washington & Lee University School of Law, Lexington, Virginia from 1995-1996 and 1999-2000, and at the Law School, University College Dublin from 2001-2007.
Publications and Further Research Outputs
Peer-Reviewed Publications
Liz Heffernan, The Duty to Seek Out and Preserve Evidence: DPP v SQ, Irish Criminal Law Journal , 33, (3), 2023, p58 - 63
The European Court System and Its Role in Shaping European Criminal Law in, editor(s)Kai Ambos and Peter Rackow , The Cambridge Companion to European Criminal Law, Cambridge, UK, Cambridge University Press, 2023, pp30 - 58, [Liz Heffernan]
The Evolution of EU Law and Policy in Criminal Justice in, editor(s)Liz Heffernan , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, pp1 - 15, [Liz Heffernan]
Victim Participation in the Criminal Trial Process under the EU Victims' Rights Directive in, editor(s)Liz Heffernan , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, pp167 - 182, [Liz Heffernan]
Liz Heffernan, Criminal Law and Justice in the European Union, First, Dublin, Clarus Press, 2022, 1 - 182pp
Liz Heffernan, Surveillance, Statutory Compliance and the Admissibility of Evidence: DPP v Hannaway, Irish Supreme Court Review, 4, 2022, p101 - 118
Liz Heffernan, Legislating for Vulnerable Witnesses: Unpacking Part III of the Criminal Evidence Act 1992, Dublin University Law Journal, 43, (1), 2021, p103 - 106
Dublin University Law Journal, 43, 1, (2021), 1 - 158p, Liz Heffernan, [Guest Editor]
Vulnerability in the Irish Criminal Trial Process: The Situation of Giving Evidence in, editor(s)James Gallen and Tanya Ní Mhuirithile , Law, Responsibility and Vulnerability: State Accountability and Responsiveness, Abingdon-on-Thames, Routledge, 2021, pp51 - 63, [Liz Heffernan]
Threats to Security and Risks to Rights: 'Belief Evidence' under the Offences Against the State Act in, editor(s)Mark Coen , The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?, Oxford, UK, Hart Publishing, 2021, pp95 - 110, [Liz Heffernan and Eoin O'Connor]
Liz Heffernan, Oaths, Affirmations and Statements of Truth, Irish Law Times, 39, (11), 2021, p159 - 163
Undisclosed Evidence in Court Proceedings in Ireland in, editor(s)Benjamin Vogel , Secret Evidence in Criminal Proceedings, Berlin, Dunker & Humblot, 2021, pp218 - 247, [Liz Heffernan and Eoin O'Connor]
Liz Heffernan, Statutory Presumptions Affecting the Burden of Proof: DPP v Forsey [2018] IESC 55, Irish Supreme Court Review, 2, 2020, p101 - 115
Liz Heffernan, European Higher Education: The Legal Foundations of the Bologna Process, Irish Journal of European Law, 22, (1), 2020, p34 - 46
Liz Heffernan, Evidence in Criminal Trials, Second, Dublin, Bloomsbury Professional, 2020, 1 - 966pp
Liz Heffernan, Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit, Journal of Criminal Law Online First, 2020, p1 - 14
Undergraduate Learning in Evidence: Complexities, Challenges and Opportunities in, editor(s)Y Daly, J Gans and PJ Schwikkard , Teaching Evidence Law: Contemporary Trends and Innovations, Abingdon, Oxon, UK, Routledge, 2020, pp97 - 108, [Liz Heffernan]
Liz Heffernan, The Corroboration Requirement for Confession Evidence, Irish Law Times, 38, (16), 2020, p244 - 248
Irish Journal of European Law, Dublin, Irish Society for European Law, [Archives Editor], 2020
Liz Heffernan, The Transition to the Undergraduate Study of Law: A Short Case Study, Irish Law Times, 37, (8), 2019, p116-120
Liz Heffernan, The View of the Crime Scene, Criminal Law and Practice Review, 2, (1), 2018, p19 - 27
Liz Heffernan and David Prendergast(ed.), Criminal Law: Recent Developments and Emerging Trends, Criminal Law and Practice Review, Trinity College Dublin, 2, (1), 19 April 2018, Clarus Press, 2018, 1-143 p
Liz Heffernan, Access to Justice as a Threshold Concept, Nottingham Law Journal, 27, (2), 2018, p8 - 16
Expert Evidence and Law Reform in Ireland in, editor(s)Paul Roberts and Michael Stockdale , Forensic Science Evidence and Expert Witness Testimony: Reliability Through Reform?, Cheltenham, UK, Edward Elgar Publishing, 2018, pp247 - 274, [Liz Heffernan]
Liz Heffernan, The Participation of Victims in the Trial Process, Northern Ireland Legal Quarterly, 68, (4), 2017, p491 - 504
Liz Heffernan, The Criminal Justice (Victims of Crime) Bill 2016: Special Measures for Victims who Give Evidence at Trial, Dublin University Law Journal, 40, (1), 2017, p37 - 61
Liz Heffernan and David Kenny, Legal Education: A Reflective, Collaborative Approach to Peer Observation of Teaching, Dublin University Law Journal, 40, (1), 2017, p205 - 216
International Journal of Evidence and Proof, London, Sage Publishing, [Editorial Board Member], 2016
Liz Heffernan, Calibrating the Right to Confrontation, The International Journal of Evidence and Proof, 20, (2), 2016, p103 - 111
Defamation and Privacy and the Rome II Regulation in, editor(s)P Stone & y Farah , Research Handbook on EU Private International Law, Cheltenham, UK, Edward Elgar, 2015, pp315 - 343, [David Kenny & Liz Heffernan]
Liz Heffernan, The Taking of Forensic Samples from Suspects under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, Practice and Procedure Review, 1, (1), 2015, p1 - 17
Liz Heffernan (with U Ni Raifeartaigh), Evidence in Criminal Trials, First, Dublin, Bloomsbury Professional, 2014, 1 - 781pp
Liz Heffernan, The Statutory Retention of Fingerprints, Criminal Law and Practice Review, 1, (1), 2014, p143 - 148
Liz Heffernan, Hearsay in Criminal Trials: The Strasbourg Perspective, Irish Jurist, 49, (1), 2013, p132-
Heffernan, Liz, The Right to Legal Advice, Reasonable Access and the Remedy of Excluding Evidence, Criminal Law and Procedure Review, 1, (1), 2011, p111 - 129
Heffernan, Liz, Legal Professional Privilege, First, Dublin, Ireland, Bloomsbury Professional , 2011, 1 - 297pp
Liz Heffernan, The Fourth Amendment's Exclusionary Rule: Blurring the Line between Rule and Exception, International Commentary on Evidence, 9, (2), 2011
Heffernan, Liz, Police Accountability and the Irish Law of Evidence, Crime, Law and Social Change, 55, (2-3), 2011, p185 - 197
Criminal Law and Procedure Review, 1, 1, (2011), 1 - 157p, Bacik, Ivana and Heffernan, Liz, [eds.], Since 2011
M. Coen and L. Heffernan, Juror Comprehension of Expert Evidence: A Reform Agenda, Criminal Law Review, 2010, (3), 2010, p195 - 211
Liz Heffernan, "Evidence and National Security: Belief Evidence Before the Irish Special Criminal Court", European Public Law, 15, (1), 2009, p65 - 87
"Rome II: Implications for Irish Tort Litigation" in, editor(s)J. Ahern and W. Binchy , The Rome II Regulation Governing Non-Contractual Obligations, Leiden, Brill Publishers, 2009, pp257 - 276, [Liz Heffernan]
I.C. Bacik and L. Heffernan, Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, 1 - 178pp
Liz Heffernan, DNA and fingerprint data retention: S and Marper v UK, European Law Review, 34, (3), 2009, p491 - 504
L. Heffernan and M. coen, The Reliability of Expert Evidence: Reflections on the Law Commission's Proposals for Reform, Journal of Criminal Law, 73, 2009, p488 - 507
"Expert Evidence in Medical Negligence Litigation" in, editor(s)C. Craven and W. Binchy , Medical Negligence Litigation: Emerging Issues, Dublin, First Law, 2008, pp110 - 138, [Liz Heffernan]
"Evidentiary Rights under Article 38.1: The Right to Fair Trial and Informer Privilege" in, editor(s)E. Carolan and O. Doyle , The Irish Constitution: Governance and Values, Dublin, Thomson Round Hall, 2008, pp279 - 292, [Liz Heffernan]
Liz Heffernan, "A DNA Database", Irish Criminal Law Journal, 18, 2008, p105 - 111
L. Heffernan, R. Ryan and E.J. Imwinkelried, Evidentiary Foundations: Irish Edition, Dublin, Tottel Publishing, 2008, i - 244pp
L. Heffernan, Scientific Evidence: Fingerprints and DNA, Dublin, First Law, 2006, i - 279pp
Liz Heffernan, "The Recording of Fingerprints: Legal Aspects", Dublin University Law Journal, 28, 2006, p201 - 220
Liz Heffernan, "The Taking of Forensic Samples: A Review of Proposed Reforms", Irish Criminal Law Journal, 16, 2006, p2 - 9
Liz Heffernan, "The Law Reform Commission's Proposed DNA Database: Issues of Scope", Medical Legal Journal of Ireland, 12, (2), 2006, p56 - 64
Liz Heffernan, "Gauging the Reliability of Scientific Evidence in Tort", Judicial Studies Institute Journal, 6, 2006, p140 - 170
Liz Heffernan, "Effective Judicial Remedies: The Limits of Direct and Indirect Access to the European Community Courts", Law and Practice of International Courts and Tribunals, 5, 2006, p285 - 304
L. Heffernan and E.j. Imwinkelried, "The Accused's Constitutional Right to Introduce Critical, Demonstrably Reliable Exculpatory Evidence", Irish Jurist, 40, 2005, p111 - 137
Non-Peer-Reviewed Publications
Liz Heffernan, Expert Evidence in Civil Proceedings: The Independence of the Witness and the Reliability of their Evidence, Irish Law Times, 41, (14), 2023, p193 - 197
Liz Heffernan, EU Criminal Law, EU Criminal Law: Cooperation and Mutual Trust post-Brexit, Trinity College Dublin, 9 December 2022, edited by Liz Heffernan , 2022
Liz Heffernan, Legislating for Vulnerable Witnesses, The Criminal Evidence Act 1992, Law School, Trinity College Dublin, 3 September 2021, edited by Liz Heffernan , 2021
Liz Heffernan, The Irish Common Law Trial and European Legal Culture, Common Law and Prisoner Transfer in a Post-Brexit Europe, Northumbria University, Newcastle, UK, 12 November 2020, 2020
Liz Heffernan, Recent Adjustments to the Adversarial Law of Evidence, ICJA Conference Report, Sexual Offences: The Challenge of Balancing Rights in the Criminal Justice System, Dublin Castle, Dublin, 4 June 2019, 2019
Liz Heffernan, Improperly Obtained Evidence in Anglo-American and Continental Law, Review of Improperly Obtained Evidence in Anglo-American and Continental Law, by Dimitrios Giannoupopoulos , Dublin University Law Journal, 42, (1), 2019, p223-225
Liz Heffernan, Legal Education:Threshold Concepts and Access to Justice, Irish Association of Law Teachers, Athlone, 23-25 November 2018, 2018
Liz Heffernan, Book Review: David Burrows, Children's Views and Evidence, Review of Children's Views and Evidence, by David Burrows , Irish Jurist, 18, (1), 2018, p156-157
Liz Heffernan, Victim Participation in Common Law Trials: An Irish Perspective, Anglo-American Criminal Law and Justice Lecture Series, University of Gottingen, Germany, 25 April 2017, 2017, Institute for Criminal Law and Justice
Liz Heffernan, Confrontation in the Courtroom, Doctoral Seminar Series, University of Gottingen, Germany, 25 April 2017, 2017, Institute for Criminal Law and Justice
Liz Heffernan, A Foundation for Access to Justice: Unlocking the First Year Curriculum, Legal Education and Access to Justice, Nottingham Trent University, UK, 19 June 2015, 2015
Liz Heffernan, Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 Annotation, Irish Current Law Statutes Annotated, 11-01-11-310, 2014
Heffernan, Liz, DNA and the ECHR: Rights, Rules and Technicalities, Databases, Surveillance and Crime Control, Institute of Advanced Studies, University of Strathclyde, Glasgow, 8 December 2009, 2010
Criminal Evidence in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp245 - 272, [Liz Heffernan]
The Duty to Preserve Evidence in, editor(s)I.C. Bacik and L. Heffernan , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp53 - 71, [Liz Heffernan]
The Retention of DNA and Fingerprint Data in, editor(s)I.C. Bacik and L. Heffernan , Criminal Law and Procedure: Current Issues and Emerging Trends , Dublin, First Law, 2009, pp163 - 173, [Liz Heffernan]
"Evidence" in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2007, Dublin, Thomson Round Hall, 2008, pp286 - 318, [Liz Heffernan]
L. Heffernan, Evidence: Cases and Materials, Dublin, Thomson Round Hall, 2005, i - 687pp
Liz Heffernan, Education and Training of Judges, Lawyers and the Police: ENFSI Project Forjust, International Conference on Forensic Issues, Riga, Latvia, 25 September 2008
Liz Heffernan, Adjudication on the Law of Evidence in the Irish Court of Criminal Appeal, SLS Annual Conference, University of Nottingham, 9 September 2014, edited by SLS
David Fennelly and Liz Heffernan, EU Criminal Law: The Evolving Role of the Court of Justice, Irish Association of Law Teachers Annual Conference 2023, DCU, Dublin, 10-11 November 2023
Liz Heffernan, A DNA Database, Conference on Forensic Science, Trinity College Dublin, 20 June 2007
Liz Heffernan, Police Accountability and the Law of Evidence, Police Governance and Accountability: Developments, Challenges and Outlook, Centre for Criminal Justice, Limerick, 3-4 December 2009
Liz Heffernan, DNA and the ECHR: Rights, Rules and Technicalities, Databases, Surveillance and Crime Control, Institute for Advanced Studies, University of Strathclyde, Glasgow, 8 December 2009
Liz Heffernan, Evidence Update: The Duty to Preserve and Developments Relating to Disclosure, Developments in Criminal Law and Procedure, Trinity College Dublin, 6 December 2008
Liz Heffernan, Taking Liberties with Limits on the Retention of DNA Samples and Profiles, Society of Legal Scholars Annual Conference, University of Durham, UK, 11 September 2007
Liz Heffernan, The ECHR in the Irish Law of Evidence, Society of Legal Scholars Annual Conference, Edinburgh, Scotland, 5 September 2013
Liz Heffernan, Criminal Disclosure, Disclosure and Discovery in Criminal Cases, Distillery Building, Dublin, 21 May 2014, edited by Law Reform Commission
Liz Heffernan, A Foundation for Access to Justice: Unlocking the First Year Curriculum, Legal Education and Access to Justice, Nottingham Trent University, UK, 19 June 2015
Liz Heffernan, A DNA Database, 4th Annual North-South Criminology Conference, DIT, Dublin, 24 June 2008
Liz Heffernan, Rome II: Implications for Irish Tort Litigation, Rome II Regulation on Law Applicable to Non-Contractual Obligations, Trinity College Dublin, 21 June 2008
Liz Heffernan, Expert Evidence in Medical Negligence Litigation, Medical Negligence: Recent Developments, Trinity College Dublin, 13 October 2007
Liz Heffernan, The Right to Fair Trial and Informer Privilege, The Constitution at 70, Trinity College Dublin, 8-9 June 2007
Liz Heffernan, Scientific Evidence and Criminal Justice: Anglo-American Perspectives, Society of Legal Scholars Annual Conference, LSE, London, 17 September 2008
Liz Heffernan, Thinking About Hearsay, Irish Jurisprudence Society Workshop, Trinity College Dublin, 3 April 2014
Recognition
Awards and Honours
Shortlisted for Trinity Teaching Excellence Award
Finalist for Law Book of the Year at Irish Law Awards
Universal Design in Teaching and Learning Badge (National Forum for the Enhancement of Teaching and Learning in Higher Education)
David Kenny
Biography
Professor David Kenny is Professor in Law at the Law School, teaching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is an alumnus of the US State Department's Fulbright programme. He was elected a Fellow of Trinity College Dublin in 2021. From June 2024, he will serve as Head of the Law School.
Professor Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional culture, referendums, and executive branch legal advisors, and the constitutional implications of Brexit for Ireland. He also researches widely in the field of law and literature. He has recently completed a book drawing together law, literature, and philosophical pragmatism entitled 'Pragmatism, Law and Literature', to be published by Routledge in summer 2024.
Professor Kenny has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, the Joint Oireachtas Committee on Justice and Defence, and the Oireachtas Special Covid-19 Committee. He was a member of the Working Group on Unification Referendums on the Island of Ireland which reported in 2021, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He was a co-ordinator of NSLMap, a recently-concluded project funded by the Shared Island Unit and Irish Research Council to map the convergences and divergences in various areas of law between Ireland and Northern Ireland. He served as coordinator of the State Governance section of the Trinity College Dublin Covid-19 Legal Observatory and co-authored a major report on the human rights impact of COVID-19 response measures for the Irish Human Rights and Equality Commission in 2021. He also, from 2020-2023, worked with the Irish Human Rights and Equality Commission to develop a policy on constitutional change in respect of Economic, Social, and Cultural Rights. He is current a member of the Research Advisory Group of An Coimisiún Toghcháin/The Electoral Commission.
He served as a facilitator for the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He also worked with the Centre of Constitutional Democracy at IU Bloomington and the US National Committee on North Korea in 2021 to compile a report on constitutionalism on the Korean Peninsula. He has advised the Commission on the Constitution of the National Diet of Japan about matters related to referendums. In August 2023 served as a human rights/rule of law consultant and training expert for the Organisation for Security and Co-operation in Europe in Ukraine. In 2024, he served as an external expert for the appointments process for the Constitutional Court of Ukraine, setting written competence assessments in constitutional law for candidates being considered for appointment to the Court.
He currently serves as a Senior Distinguished Research Fellow at the Constitution Studies Program at the University of Texas at Austin, and as a Senior Fellow at Melbourne Law School.
Professor Kenny teaches Constitutional Law; Critical Perspectives on Law; Conflict of Laws; Law and Literature; and judging in Apex Courts, co-taught with the former Chief Justice of Ireland. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.
Professor Kenny regularly contributes to media discussion of constitutional issues and is open to media queries on matters of Irish or international constitutional law.
Publications and Further Research Outputs
Peer-Reviewed Publications
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
David Kenny, Reencountering texts: James Boyd White, legal reading, and bringing back the human, Yale Journal of Law and Humanities (FORTHCOMING), 2024
The 1922 Constitution as a failed attempt to break from the Westminster tradition in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity, Palgrave, 2024, pp175 - 196, [David Kenny]
David Kenny, Pragmatism, Law, and Literature (FORTHCOMING), Routledge, 2024
David Kenny and Conor Casey, How liberty dies in a galaxy far, far away: Star Wars, democratic decay, and weak executives, Law and Literature, 35, (2), 2023, p221 - 246
Ireland in, editor(s)Jaakko Husa, Jan Smits, Catherine Valcke , Elgar Encyclopedia of Comparative Law, Edward Elgar, 2023, pp293 - 299, [David Kenny]
David Kenny, Review of Law and Religion in Ireland, 1700-1970, by Niamh Howlin and Kevin Costello , Journal of Church and State, 2023
David Kenny, Maria Kotsoni, Lauryn Musgrove McCann, Social rights, culture, crisis, and austerity: the strange case of Ireland, Irish Jurist (), 70, 2023, p131 - 155
Conor Casey and David Kenny, The Risk and Rewards of Ireland's Leviathan: Rule of Law Values and the Irish Executive's Crisis Response to COVID-19, Irish Jurist, 70, 2023, p242 - 267
Laura Cahillane and David Kenny, The Seamus Woulfe controversy and the deficiencies in Ireland's judicial appointments process, Northern Ireland Legal Quarterly, 74, (2), 2023, p22 - 49
The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right in, editor(s)Thomas Bustamante and Margaret Martin , New Essays on the Fish-Dworkin Debate, Hart Publishling, 2023, pp75 - 95, [David Kenny]
Conor Casey and David Kenny, The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law, International Journal of Constitutional Law (ICON), 20, (2), 2022, p664 - 695
David Kenny, Examining Constitutional Culture: Assisted Suicide In Ireland And Canada, Journal of Comparative Law, 17, (1), 2022, p85 - 115
David Kenny and Lauryn Musgrove McCann, Directive Principles, Political Constitutionalism, and Constitutional Culture: the case of Ireland's failed Directive Principles of Social Policy, European Constitutional Law Review, 18, 2022, p207 - 236
Jurisdiction, Choice of law, and enforcement of judgments in, editor(s)Christopher McCrudden , The Law and Practice of the Northern Ireland Protocol, Cambridge , Cambridge University Press, 2022, pp296 - 307, [David Kenny]
Laura Cahillane and David Kenny, Lessons from Ireland's 2020 Judicial Conduct Controversy., Common Law World Review, 51, (1-2), 2022, p24 - 24
Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums., Oxford University Press, 2022, pp264 - 292, [David Kenny and Aileen Kavanagh]
David Kenny, TD V MINISTER FOR EDUCATION, CONSTITUTIONAL CULTURE, AND CONSTITUTIONAL DARK MATTER, Irish Judicial Studies Journal , 6, (3), 2022, p39 - 46
David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature, 43, (1), 2022, p109 - 139
Interpretation in law and literature in, editor(s)Adam Hanna and Eugene McNulty , Law and Literature: The Irish Case, Manchester University Press, 2022, pp21 - 44, [Tom Hickey and David Kenny ]
Sovereignty and Federalism in, editor(s)Guerino D'Ignazio , The Constitutional System of the United States of America , Wolters Kluwer, 2022, pp133 - 153, [David Kenny and Andrea Pin]
David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law , (April), 2021, p335 - 374
Conor Casey and David Kenny, Ireland-COVID-19 response raises some rule of law concerns, Public Law, April, 2021, p480 - 483
The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Colm Ó Cinnéide, Conor O'Mahony, Sean Ó Conaill , Constitutional Change and Popular Sovereignty in Ireland , Routledge, 2021, pp198 - 223, [David Kenny]
Conor Casey, Oran Doyle, and David Kenny, The Irish State's COVID-19 Response and the Rule of Law: Causes for Concern, Studies, 440, (Winter ), 2021, p446 - 457
How our courts decide: the Decision-making Processes of Supreme Administrative Courts in, editor(s)ACA-Europe , Supreme Administrative Courts' Jurisprudence in Europe, Germany, GH Beck, 2021, pp43-87 - [Mr Justice Frank Clarke, David Kenny, Aine Ryall]
Ireland in, editor(s)Luís Roberto Barroso and Richard Albert , The 2020 International Review of Constitutional Reform, Texas, Program on Constitutional Studies at the University of Texas at Austin, 2021, pp153 - 157, [Conor Casey and David Kenny]
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
David Kenny, 'Love mounts to the throne with law': Citizenship in Northern Ireland and Seamus Heaney's Antigone, Law and Humanities, 15, (2), 2021, p195 - 218
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States of America) , Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin]
David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106
David Kenny and Conor Casey, A One Person Supreme Court? The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2020, p90 - 118
David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77
David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review, 16, (3), 2020, p417 - 439
David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204
The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny]
Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny]
Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886
David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275
David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
David Kenny, - "Always, inevitably local: Ireland's strange populism and the trouble with theory", Jean Monnet Paper Series ; , Populism and Public Law , NYU Law School, September 2017, edited by Grainne de Burca and Joseph Weiler , (7), NYU, 2017
Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny]
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan]
David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106
David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667
David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209
Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30
David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441
David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060
Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan]
David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212
David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152
David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77
David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341
The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny]
David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73
David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50
Non-Peer-Reviewed Publications
Alan Eustace and David Kenny, Collective Bargaining and The Irish Constitution"Barrier or Facilitator?, Irish Human Rights and Equality Commission, December, 2023, p1 - 33
Irish Human Rights and Equality Commission, written by David Kenny, The Incorporation of Economic, Social and Cultural Rights into the Irish Constitution, Oxford, February , 2023
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
David Kenny, Conor Casey, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, Chapter 1: Public Health Governance: The Role of NPHET , Dublin, COVID 19 Law and Human Rights Observatory, 2021, p11 - 28
National Committee on North Korea, Constitutional Design in North and South Korea, May, 2021, p1 - 18
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Dublin, Irish Human Rights and Equality Commission , February, 2021, p1 - 104
David Kenny, Technical Report for the Irish Human Rights and Equality Commission-Protecting Economic, Social and Cultural Rights in the Irish Legal Order, August, 2020, 1-40
Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland , Oxford, Constitution Unit, UCL, October , 2020
David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20
Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019
David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016
David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1-
Research Expertise
Recognition
Awards and Honours
Elected Fellow of Trinity College Dublin
Provost's Award for Excellence in Teaching
Ussher Fellowship, Trinity College Dublin
Fulbright Scholar
Memberships
Board Member and Supervising Lawyer, Irish Innocence Project
David Prendergast
Dr. David Prendergast
Assistant Prof in Comparative Law, Law
Biography
Dr David Prendergast is the Law School's Director of Postgraduate Teaching and Learning. He researches and teaches in jurisprudence (legal philosophy) and criminal law. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal and the Criminal Law and Practice Review. He received a Trinity Provost's Teaching Award (Early Career) in 2014. David's PhD provided a qualified defence of judicial review of electoral processes. His journal articles on substantive criminal law have been influential and cited in numerous academic texts and in judgments of the superior courts of Ireland. Current research involves investigating the structure of criminal liability, culpability, and criminal law defences. David has an LL.B. (First class) from Trinity College Dublin, an LL.M. (Distinction) from University College London and is a qualified, non-practising barrister. He worked as a legal researcher for the Law Reform Commission and was formerly Pathways to Law Liaison Officer with Trinity Access Programmes. He was formerly Director of Undergraduate Teaching and Learning and Deputy LLM Director in the Law School and is currently Director of Postgraduate Teaching and Learning.
Publications and Further Research Outputs
Peer-Reviewed Publications
David Prendergast, Handcuffs and justified force under section 19 of the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 2023
David Prendergast, The Crime of Failing to Come Forward, Irish Jurist, 2023
David Prendergast, Police Powers and Reasonable Force, Irish Criminal Law Journal, 2022, p106 - 112
David Prendergast, The difference between recklessness and negligence, Criminal Theory Justice Blog, 2022, -
David Prendergast, Judicial stewardship of the provocation defence in People (DPP) v McNamara, Irish Supreme Court Review, 3, 2021, p69 - 99
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50
David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262
David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586
David Prendergast, Book Review: Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland I. O'Donnell, Howard Journal of Crime and Justice, 57, (4), 2018, p604 - 607
David Prendergast, The presumption pertaining to murder mens rea in section 4(2) of the Criminal Justice Act 1964, Irish Jurist, (60), 2018, p167 - 179
David Prendergast, Constitutional Control of Vague Criminal Law, Dublin University Law Journal, 42, (2), 2018, p19 - 44
David Prendergast, A critical review of the Court of Appeal interpretation of self-defence in the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 28, (3), 2018, p58 - 63
David Prendergast, Criminal Culpability and Sexual Offences Reform, Criminal Law and Practice Review, 2, 2018, p99 - 113
Article 16 of the Irish Constitution and Judicial Review of Electoral Processes in, editor(s)Laura Cahilane, James Gallen, Tom Hickey , Judges, Politics and The Constitution, United Kingdom, Manchester University Press, 2017, pp252 - 268, [David Prendergast]
CC v Ireland: the missing feminist judgment in, editor(s)Máiréad Enright, Julie McCandless, Aoife O'Donoghue , Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, United Kingdom, Hart Publishing, 2017, pp566 - 579, [David Prendergast]
David Prendergast, Defensive Killing by Initial Aggressors: DPP v Barnes Revisited, Irish Jurist, 54, (2), 2015, p115 - 130
David Prendergast, The Conventionality of Constitutional Law, Dublin University Law Journal, 38, (2), 2015, p441 - 448
David Prendergast, Addressing uncertainty in the defences of self-defence, diminished responsibility, and provocation, Criminal Law and Practice Review, 1, (1), 2014, p21 - 35
David Prendergast, Gross negligence manslaughter in Irish law, Dublin University Law Journal, 37, (1), 2014, p267 - 277
David Prendergast, Vague offences and the High Court, Criminal Law and Practice Review, 1, (1), 2014, p153 - 156
David Prendergast, The Connection between Mental Disorder and the Act of Killing in the Defence of Diminished Responsibility, The Irish Jurist, 49, (1), 2013, p202 - 211
David Prendergast, Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law, The Irish Jurist, 50, (1), 2013, p235 - 243
David Prendergast, Strict Liability and the Presumption of Mens Rea after CC v Ireland, Irish Jurist, 46, 2011, p211 - 220
David Prendergast, The Constitutionality of Strict Liability Offences, Dublin University Law Journal, 33, 2011, p285 - 318
David Prendergast, By-elections and the filling of Dáil vacancies within a reasonable time - a note on Doherty v Ireland, Dublin University Law Journal, 34, 2011, p242 - 255
Non-Peer-Reviewed Publications
David Prendergast, Book Review: The Criminal Law's Person, Howard Journal of Crime and Justice, 2023
David Prendergast, The difference between recklessness and negligence in criminal law, Research seminar, Trinity College Dublin, 15 March 2023, 2023
David Prendergast, The Right to Silence, Irish Jurisprudence Society, Maynooth University, 15 February 2023, 2023
David Prendergast, What the relational self tells us about criminal law, UCD Book Symposium on Jonathan Herring's Law and the Relational Self (Cambridge University Press 2019), University College Dublin, 3-4 June 2022, edited by Christopher Cowley and Sarah Fulham-McQuillan , 2022
David Prendergast, The difference between recklessness and negligence in criminal law, Roots of Responsibility-Varieties of Risk, Risk and Recklessness Workshop, UCL, 23-24 April 2021, edited by Claire Field , 2021
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), 1826, 2020, -
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020
David Prendergast, Connecting Offence and Defence, Edinburgh Criminal Law Discussion Group Seminar, University of Edinburgh, 11 December 2019, edited by JP Fassnidge , 2019
David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019
David Prendergast, Limiting consent in criminal law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, Trinity College Dublin, 12 October 2019, edited by Eoin O'Dell , 2019
David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019
David Prendergast, CULPABILITY IN CARELESS DRIVING AND THE SO-CALLED "THIRD CATEGORY" OF CRIMINAL OFFENCE, Irish Law Times, 36, (4), 2018, p63 - 67
David Prendergast, Recent developments in criminal defences and mens rea: a retreat from subjectivism?, Criminal law: Recent trends and developments, Trinity College Dublin, 19 April, edited by Liz Heffernan , 2018
David Prendergast, Reverse Burdens, Evidence/Criminal Procedure Workshop, Dublin City University, edited by Yvonne Daly , 2018
David Prendergast, Challenges to the Centrality of Consent, Seminar, University of Surrey, 2018
David Prendergast, Consent as a legal binary, School of Law lunchtime seminar series, Trinity College Dublin, November 2018, edited by Des Ryan , 2018
David Prendergast, The constitutional control of vague criminal law, Constitution at 80, University of Limerick, 7 November 2017, edited by Laura Cahillane and David Kenny , 2017
David Prendergast, Constitutional review of democratic processes, Popular Will, Electoral Democracy and the Courts, University of Padua, 16-17 November 2017, edited by Andrea Pin , 2017
David Prendergast, CC v Ireland feminist judgment, Northern / Irish Feminist Judgments Project workshop: the embodied subject, Griffith College Dublin and UCD, 16-18 April 2015, edited by Enright, McAndless, O'Donoghue , 2015
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, November 2015, edited by Charles O'Mahony , 2015
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, 2015
David Prendergast, Sexual Offences and Presumptive Wrongs, Legal and Political Theory Workshop, NUI Galway, 13 November 2015, edited by Danaher, Daly, Tourkochoriti , 2015
David Prendergast, What is the test for self-defence in fatal cases?, Irish Law Times, 13, 2015, p213 - 218
David Prendergast, Self-defence in fatal cases, The Criminal Law Forum, King's Inns, Dublin, 5 April 2014, 2014
David Kenny, David Prendergast, The independence of a meritorious elite: The government of judges and democracy, National Report for Ireland for the International Congress of Comparative Law in Vienna, July, 2014
David Prendergast, DPP v Dunne and the criminal law's test for causing death, Irish Law Times, 17, 2014, p246 - 249
David Prendergast, Article 16 of the Irish Constitution and Judicial Review of Electoral Processes, Judges, Politics and the Irish Constitution, Dublin City University, 4 Sept 2014, 2014
David Prendergast, Review of Eimear Spain, The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils, Review of The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils , Dublin University Law Journal, 36, 2013
David Prendergast, The Differing Demands of Legality, Irish Society of Comparative Law Annual Conference 2013, NUI Galway, 24-25 May 2013, edited by Charles O'Mahony , 2013
David Prendergast, Criminal Defences: Recent Developments, Criminal law Practice and Procedure Update Conference, Trinity College Dublin, 12 October 2013, edited by Ivana Bacik and Liz Heffernan , 2013
David Prendergast, Democracy, Judicial Review, and Legal Scholarship, Irish Association of Law Teachers Annual Conference, Dublin, 16-18 November 2012, 2012
David Prendergast, The case against judicial review of democratic procedures, Irish Society of Comparative Law Annual Conference 2011, University College Dublin, 2011
David Prendergast, Review of Bill Kissane, New Beginnings: Constitutionalism and Democracy in Modern Ireland, Dublin University Law Journal, 34, 2011
Law Reform Commission, Report on Inchoate Offences, 2010
David Prendergast, Analysis of Doherty v Ireland (the Donegal by-election case), Trinity College Dublin Constitutional Law and Policy Group, 10 December 2010, 2010
David Prendergast, Tensions in the Pursuit of Equality of Representation - Judicial Review of Electoral Constituencies, Centre for Criminal Justice and Human Rights Third Annual Postgraduate Conference, University College Cork, UCC, 30 April 2009, 2009
David Prendergast, One Person, One Vote in Ireland and the United States, Inaugural Conference of the Irish Society of Comparative Law, University of Limerick, 27-28 February 2009, 2009
David Prendergast, The Law Reform Commission's Consultation Paper on Inchoate Offences, International Society for the Reform of Criminal Law Annual Conference 2008, Dublin Castle, 11-15 July 2008, 2008
Law Reform Commission, Consultation Paper on Inchoate Offences, (LRC CP 48 - 2008), 2008
David Prendergast, Codifying Inchoate Offences, (2008) 26 Irish Law Times 134, 2008
David Prendergast, Normative Positivism, Irish Jurisprudence Society Workshop, Trinity College Dublin, 22 November 2007, 2007
David Prendergast, Inchoate Liability and Glorifying Terrorism, Socio-Legal Studies Association Annual Conference, University of Kent, 3-5 April 2007, 2007
Research Expertise
Description
Research interests: I am interested in legal theory as the sustained reflection on, investigation of, and creative analysis of how law works, that is, its distinctive contribution as a normative order that overlaps and links with other normative orders such as morality. Criminal law constitutes a primary focus for this theoretical reflection on law because it displays both transposition of moral norms as well as artificial regulatory norms. My research seeks to contribute to accurate description and deepened understanding; published papers to date have done so for criminal defences, strict liability, Mens Rea and culpability, legality, elements of criminal liability. I have also worked substantially on constitutional law and theory where it concerns the control of substantive criminal law and in other areas including judicial review and electoral processes.Recognition
Representations
Co-editor of the Dublin University Law Journal
Anglo-German Dialogues on Criminal Law, member
External Examiner, Law Society of Ireland
Co-editor of the Criminal Law and Practice Review
Trinity School of Law's COVID-19 Law and Human Rights Observatory, member
Association for Criminal Justice Research and Development Advisory Board member
Irish Innocence Project Advisory Board member
Awards and Honours
Provost's Teaching Award (early career) winner
Shortlisted for Provost's Teaching Award
TCD Postgraduate Studentship
Sir Jack Jacob Prize for Civil Justice, UCL
Memberships
Irish Jurisprudence Society
Irish Association of Law Teachers (IALT)
The Society for Applied Philosophy
Mary Rogan, Convenor
Biography
Professor Mary Rogan's research interests include prison law, human rights and imprisonment, and penal policymaking. Professor Rogan received a first class honours degree in Law from Trinity College Dublin before going on to obtain a BCL from the University of Oxford. Professor Rogan received her PhD at Trinity College Dublin for her work on the penal policymaking process. She was elected to Fellowship of Trinity College Dublin in 2021. She is a barrister with expertise in prison law, receiving the degree of Barrister-at-Law from the Honorable Society of King's Inns with distinction. She is also a Member of Lincoln's Inn and the Bar of England and Wales. Prof. Rogan holds an MA in Higher Education from Dublin Institute of Technology and a Postgraduate Diploma in Statistics from Trinity College Dublin. In 2021, she became President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, becoming the first person from Ireland and the first woman to hold this position. In 2022, she won the award for best civic engagement project at the Trinity Civic Engagement Awards. She was also nominated by the School of Law for best Research Supervisor in 2022.
Professor Rogan was awarded a European Research Council Starting Grant worth 1.5million euro in 2015 for a project entitled 'Prisons: the rule of law, accountability and rights'. This work brings together, for the first time, the disciplines of public law and the sociology of punishment to examine inspection, oversight and accountability in prison systems in the United States and Europe. Professor Rogan has also received funding from the European Commission and Irish Research Council for cross-jurisdictional projects on imprisonment, and pre-trial detention, and for work on law and social change. She has led research on bail and pre-trial detention in Ireland as part of research examining seven European Union countries, and a further project examining leadership in penal change in the United States and Europe. She has also provided research consultancy to the Council of Europe on projects concerning the inspection of prisons in Ukraine and North Macedonia. She is the Book Review Editor for the Howard Journal of Crime and Justice and a member of the Research Advisory Group to the Howard League for Penal Reform.
Professor Rogan teaches Penology at Trinity College Dublin and was the first coordinator of the Undergraduate Research Project Programme at the School of Law. She has pioneered community-based learning methods in legal education, having introduced the first community-based learning module partnering with nongovernmental organisations on penal policy, and supervised the first Employment-Based PhD student researching penal policy to work with a nongovernmental organisation.
Professor Rogan is committed to using research to improve penal policy and the policymaking process. She chairs the Implementation and Oversight Group on reforms to penal policy, reporting to the Minister for Justice and Equality. She was appointed to the inaugural Research Advisory Group for the Department of Justice and Equality in July 2018. She sits on the Advisory Group to the Office of the Inspector of Prisons. She has also been a member of the Central Statistics Office's Expert Group on Crime Statistics. She is a former member of the Board of the Irish Association for the Social Integration of Offenders, the Victims' Rights Alliance, and is a former Chairperson of the Irish Penal Reform Trust.
Publications and Further Research Outputs
Peer-Reviewed Publications
Le système pénitentiaire irlandais, Céré Jean-Paul, World Prisons, 2024, pp32 , [Mary Rogan]
Christine Morgenstern, Mary Rogan and Walter Hammershick, Pre-trial Detention in Europe: A Means of Last Resort?, Abingdon, Routledge , 2023, 300pp
Sarah Curristan and Mary Rogan, When an Inspector Calls: Perceptions of Oversight among Prison Management, 2023
Social Rehabilitation and Torture Prevention Bodies in, editor(s)Adriano Martufi and Federica Coppola , Social Rehabilitation and Criminal Justice, Abingdon, Routledge , 2023, pp20 , [Mary Rogan]
Ireland: The weak European supervision of prison policies and its explanations in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners' Rights in Europe, Abingdon, 2022, pp13 , [Mary Rogan and Sophie van der Valk]
Histories of Penal Oversight in, editor(s)Black, Lynsey Brangan, Louise Healy, Deirdre , Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery, Emerald, 2022, pp360 - 380, [Mary Rogan]
Mary Rogan, Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland, European Journal on Criminal Policy and Research , 2022
The two tales of prison litigation in Germany in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners" Rights in Europe, Routledge , 2022, pp14 , [Morgenstern, Christine and Rogan, Mary ]
Ciara O'Connell and Mary Rogan, Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff, Law and Social Inquiry, 2022, p1 - 31
van der Valk, Sophie, Aizpurua, Eva, Rogan, Mary, "[Y]ou are better off talking to a f****** wall": The perceptions and experiences of grievance procedures among incarcerated people in Ireland, Law and Society Review, 2022
Sophie van der Valk and Mary Rogan, Prisoners tell how they experience inspections and the complaints system, Ireland, 2021, 13
Mary Rogan, Prison Law in Ireland Enters Adulthood: Simpson v Governor of Mountjoy Prison, Irish Supreme Court Review, 3, 2021, p121 - 140
van der Valk, Sophie, Aizpurua, Eva and Rogan, Mary, Towards a typology of prisoners' awareness of and familiarity with prison inspection and monitoring bodies, European Journal of Criminology, 2021
Eva Aizpurua and Mary Rogan, Correctional oversight bodies' resources and protections across the European Union: Are their hands tied?, Criminology and Criminal Justice, 2021
Ciara O'Connnell, Eva Aizpurua and Mary Rogan, The European committee for the prevention of torture and the gendered experience of imprisonment, Crime, Law and Social Change, 2021
Eva Aizpurua and Mary Rogan, Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union, Punishment and Society, 2021
Sophie van der Valk and Mary Rogan, Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 26, (4), 2020, p801 - 822
Sophie van der Valk and Mary Rogan, Experiencing Human Rights Protections in Prisons: The Case of Prison Monitoring in Ireland, European Journal of Criminology, 18, (1), 2020, p101 - 119
Eva Aizpurua and Mary Rogan, Understanding New Actors in European Arrest Warrant Cases Concerning Detention Conditions: The Role, Powers and Functions of Prison Inspection and Monitoring Bodies, New Journal of European Criminal Law, 2020
Ciara O''Connell and Mary Rogan , Rights and Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture' - Briefing Papers Shared with Prisons in Norway and Scotland, Ireland, 2020
In Conversation with Mary Rogan in, editor(s)Lynch, O., Ahmed, Y., Russell, H., Hosford, K. , Reflections on Irish Criminology, Cham, 2020, pp14 , [Mary Rogan]
Minimising Prisonisation and the Harms of Custody in, editor(s)P.H.P.H.M.C Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp213 - 228, [Mary Rogan]
Mary Rogan, Prison Inspection and Monitoring: The Need to Reform European Law and Policy, European Journal on Criminal Policy and Research , 2019, p1 - 21
'Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience in, editor(s)Edited by Laura Cahillane and Jennifer Schweppe , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice , Dublin, Clarus Press Ltd. , 2019, pp81 - 99, [Mary Rogan and Ivana Bacik]
Mary Rogan, "What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making" , New Journal of European Criminal Law, 10 , (3), 2019, p209 - 226
Eva Aizpurúa, Mary Rogan , La situación de las prisiones y los centros de menores en España: Analizando las observaciones del CPT, Boletín Criminológico, 1, (182), 2019, p1-11
Overusing the Criminal Justice System: the Case of Ireland in, editor(s)P.H.P.H.M.C. Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp391 - 415, [Mary Rogan and Michael Reilly]
Mary Rogan, Human rights approaches to suicide in prison: implications for policy, practice and research, Health and Justice , 2018, phttps://doi.org/10.1186/s40352
Mary Rogan and David Perry, Report on Expert Interviews, Ireland, 2018
Mary Rogan and David Perry , The Use of Pretrial Detention in Ireland: How Does the Legal Framework Operate in Practice?, Criminal Law and Practice Review, 2, 2018
Mary Rogan , Judges and resisting penal policy, Howard Journal of Crime and Justice , 57, (3), 2018, p321-338
International human rights law and high risk offenders in, editor(s)Faye S. Taxman , Handbook on Risk and Need Assessment: Theory and Practice , New York, Routledge, 2017, pp447 - 464, [Mary Rogan]
Mary Rogan, Human rights and correctional healthcare: a view from Europe, International Journal of Prisoner Health, 13, (1), 2017, p1-7
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Country Briefs, Country Briefs, Ireland, November , 2017
Women in Prison and Ireland in, editor(s)Piet Hein van Kempen Maartje Krabbe , Women in Prison: The Bangkok Rules and Beyond , Intersentia, 2017, pp479 - 512, [Mary Rogan and Michael Reilly]
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan, DETOUR: Towards Pre-trial Detention as Ultima Ratio - Comparative Report, Vienna, Austria, December , 2017, 1-80
Mary Rogan, Remission of Prison Sentences: Emerging Principles, Dublin University Law Journal, 40, (1), 2017, p217 - 231
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan , DETOUR - Towards Pre-trial Detention as Ultima Ratio, Comparative Report, Comparative Report, Ireland, December, 2017
The policymaking process and penal change in, editor(s)Deirdre Healy, Claire Hamilton, Yvonne Daly, Michelle Butler , The Routledge Handbook of Irish Criminology, Routledge, 2016, pp434 - 449, [Mary Rogan ]
David Perry and Mary Rogan , Pre-trial detention as a measure of last resort: first national report on Ireland, Dublin, 2016
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Second National Report, Expert Interviews, Ireland, First national report , 2016
Community-based research in, editor(s)Laura Cahilliane Jennifer Schweppe , Legal Research Methods Principles and Practicalities, Dublin , Clarus Press, 2016, pp89 - 106, [Mary Rogan]
Reintegration of high-risk offenders - closing remarks on human rights issues in, editor(s)Frieder Duenkel Joerg Jesse Ineke Pruin Moritz von der Wense , European Treatment, Transition Management and Re-integration of High Risk Offenders, Forum Verlag Godesberg, 2016, pp239 - 243, [Mary Rogan]
Ivana Bacik and Mary Rogan, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp
Mary Rogan, The European Court of Human Rights, Gross Disproportionality and Long Prison Sentences, Public Law, 1, 2015, p22 - 39
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, E. (2012). Coercive Confinement in Ireland. Patients, Prisoners and Penitents, 2014, -
Mary Rogan , Driving penal reform, 2014
Mary Rogan , 'Out of balance: disproportionality in sentencing ', Penal Reform International , 2014, -
Mary Rogan, Prison Law, 1st, Bloomsbury Professional, 2014, 1 - 462pp
The Penal System in Ireland: Pragmatism, Neglect and the Effects of Austerity in, editor(s)Vincenzo Ruggiero Mick Ryan , Penal Systems in Europe: A Critical Anatomy, Palgrave Macmillan, 2014, pp86 - 110, [Mary Rogan ]
Mary Rogan, 'Other status' and the rights of prisoners under Article 14 of the European Convention on Human Rights, European Human Rights Law Review , 6, 2013, p605 - 615
Mary Rogan, Prison policy in times of austerity: reflections from Ireland, Prison Service Journal, May, 2013, p9 - 15
Mary Rogan, Prisoners' rights and the separation of powers: comparing approaches in Ireland, Scotland and England and Wales, Public Law, July, 2013, p415 - 425
Mary Rogan , Rehabilitation, Research and Reform: Prison Policy in Ireland , Irish Probation Journal, 9, 2012, p6 - 32
Mary Rogan, Brown, Governor of California v. Plata et al, Modern Law Review, 2012, p261 - 274
Mary Rogan, Improving Criminal Justice Data and Policy, Economic and Social Review, 43, (2), 2012, p303 - 323
Mary Rogan, Dealing with overcrowding in prisons: contrasting judicial approaches from the USA and Ireland, Irish Jurist, 47, 2012, p195-
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, I. Coercive Confinement in Ireland: Patients, Prisoners and Penitents, Review of Coercive Confinement in Ireland: Patients, Prisoners and Penitents, by E. O'Sullivan, I. O'Donnell , Irish Journal of Applied Social Studies, 14, (1), 2012, p74-76
Mary Rogan, Day et al, Transitions to Better Lives, Review of Transitions to Better Lives: Offender Readiness and Rehabilitation, by A. Day, S. Casey, T. Ward, K. Howells, J. Vess , International Criminal Justice Review, 21, (2), 2011, p174-176
Mary Rogan, Day et al, Transitions to Better Lives, 2011, -
Mary Rogan, Yes (or no) Minister: the role of the Minister-senior civil servant dyad in the formation of prison policy in Ireland, Prison Journal, 91, (1), 2011, p32 - 56
Mary Rogan, The innocence rights of sentenced offenders, Irish Journal of Legal Studies, 2, 2011, p55 - 62
Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment, 1st, Abingdon, Routledge, 2011, 1 - 246pp
Mary Rogan, The Innocence Rights of Sentenced Offenders, Irish Journal of Legal Studies, 2, (1), 2011, p55 - 66
Mary Rogan, B. Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, Review of The Prisoner Society: Power, Adaptation and Social Life in an English Prison, by B. Crew , International Criminal Justice Review, 21, (1), 2011, p81-83
Mary Rogan, Charles Haughey, the Department of Justice and Irish Prison Policy during the 1960s, Administration, 57, (3), 2010, p65 - 86
Rogan, Mary, Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, Review of Thinking about Punishment: Penal Policy across Time, Discipline, by M. Tonry , International Criminal Law Review, 10, (5), 2010, p870-972
Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13-
Mary Rogan, Visiting committees and accountability in the Irish prison system: some proposals for reform, Dublin University Law Journal, 31, 2009, p298 - 323
Mary Rogan, Extending the reach of the state into the post-sentence period: section 26 of the Criminal Justice Act 2007, Dublin University Law Journal, 15, (1), 2009, p214-
Mary Rogan, The Prison Rules 1947: Political Imprisonment, Politics and Legislative Change in Ireland, Irish Jurist, 43, 2008, p89-
Non-Peer-Reviewed Publications
Mary Rogan, The Irish prison system, 2024
Mary Rogan, Deaths in Prison Custody, Deaths in Prisons, University of Oxford, 2022
Mary Rogan, Comparing Prison Oversight: Rights, Rules and Realism , Comparative Penology Symposium , University of Strathclyde, October 2022, 2022, Ben Crewe (Cambridge) and Louise Brangan (Strathclyde)
Mary Rogan, Recent Developments in Prison Litigation, Irish Prison Service Senior Managers Strategy Day, Irish Prison Service College, Portlaoise, Ireland, June 2022, 2022, Irish Prison Service
Mary Rogan, Human Rights Perspectives on Mothering in Prisons, IN-CJ (International Network on Criminal Justice) Mothers and the Criminal Justice System, Online webinar, 16/05/2022, 2022, Dr Lucy Baldwin
Mary Rogan, Doing comparative research on prison oversight, Leiden University Comparative Law, 2021, Prof Miranda Boone
Mary Rogan, The Prison Rules: Current Impact and Opportunities for Reform, The Prison Rules: Current Impact and Opportunities for Reform, Online , 25/02/21, 2021, Irish Penal Reform Trust
Professor Mary Rogan, Presentation on the outcome of evaluation by the Council of Europe Development Bank of judicial infrastructure in Ireland, Paris, France, 23 January 2020, 2020
Professor Mary Rogan, Dr. Ciara O'Connell, Sarah Curristan, Sophie van der Valk and Dr. Eva Aizpurua, "Experiencing a CPT visit - the impact on prisons and penal administrators", Thirty Years of monitoring prisons in Europe, KU Leuven, December 5 2019 , 2019
Mary Rogan and Sophie Van der Valk, Complaints procedures in prisons and recent case law, Public Law Conference , UCD , 23rd May, 2019, 2019
Mary Rogan, Prison inspection and monitoring bodies: a new role in the AFSJ?, EU Law and Detention Seminar, Fitzwilliam College, Cambridge University, 17 September 2019, 2019
Mary Rogan, Battling the elements: capturing the hard to hear stories, Considerations and Challenges in Life Story Research, Trinity Long Room Hub, 6th June, 2019, 2019
Dr. Eva Aizpurua, Sophie van Der Valk, Sarah Curristan, 'Prisoners' and Staff views of Prison Oversight', Visiting Committee Training Day, IPS College, 2 December 2019, 2019
Ciara O'Connell, Eva Aizpurua and Mary Rogan, The European Committee for the Prevention of Torture and the Gendered Experience of Imprisonment, Gender in Law and Courts: Uneasy Encounters?, European University Institute, 8 November 2019, 2019
Mary Rogan, Reflection on Law, Brain Health and Diversity , Diversity and Brain Health: Perspectives from the LGBT+ Community in Ireland, Trinity Long Room Hub, 4th June, 2019, 2019, Atlantic Fellows for Equity in Brain Health at the Global Brain Health Institute (GBHI) and the School of Law
Mary Rogan , Bail and the use of pre-trial detention in Ireland: findings from an empirical study, Meeting of the Judges of the District Court, 2018
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan, 'Behind the Door': Solitary Confinement in the Irish Penal System, The Irish Penal Reform Trust, Kilmainham, 2 February , 2018, The Irish Penal Reform Trust
Mary Rogan, The Purposes of Punishment, Irish Prison Service (IPS) meeting of The Strategy and Policy Group (SPG) , Portlaoise, 12 June 18, 2018
Mary Rogan, The effects of incarceration and aging, Head Space 2018, Trinity College, Dublin, 27 April, 2018, Creative Aging International
Mary Rogan, human rights in prisons and the role of inspection and monitoring, Global Brain Health Institute, Trinity College, Dublin, 18 July, 2018, GBHI
Mary Rogan, The Future of Policing , Behind the Headlines, Synge Theatre, Trinity College, 21 February , 2018, Trinity Long Room Hub Arts & Humanities Research Institute
Mary Rogan, We have a rare window to reform justice system, 2018, -
Mary Rogan, Bail and the use of pre-trial detention: findings from an empirical study , Criminal Law: Recent Developments and Emerging Trends, Trinity College, Dublin, 19 April , 2018, Trinity Law School
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan , Towards pre-trial detention as ultima ratio? Pre-trial detention and alternatives across Europe, Law Society Professional Training , Law Society of Ireland, 27th November, 2018, 2018
Mary Rogan, Opening Statement to the Joint Committee on Justice and Equality on the Bail (Amendment) Bill 2017, 5 December , 2018
Mary Rogan, Justice in Transition: improving the penal policymaking process, Probation Board for Northern Ireland Annual Conference, Belfast, 15 March, 2018, Probation Board for Northern Ireland
Mary Rogan, Pre-trial detention in Ireland, Pre-trial detention conference, University of Leiden, 2018
Mary Rogan and Penal Policy Review Group, Fifth Report of the Implementation Oversight Group to the Minister for Justice and Equality , Fifth, Dublin, 2018
Mary Rogan, Through the lens of liberty or detention: the starting point for decisions on pre-trial detention, DETOUR conference, Vienna, November , 2017, DETOUR
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk , Submission on the Proposed Inspectorate for Places of Detention , May, 2017
Mary Rogan, Revision of the commentary to the European Prison Rules: inspection and monitoring, Council for Penological Cooperation, Strasbourg, November , 2017, Council of Europe
Mary Rogan and Sophie van der Valk, Ireland and OPCAT six years on: have things changed?, Ireland, 2017
Mary Rogan, Inspection and Monitoring of Prisons in the commentary to the European Prison Rules , PCCP Plenary Meeting, Strasbourg, France, 2017
Mary Rogan, Correctional oversight: comparing Europe and the USA, American Society of Criminology, Philadelphia, November 2017, 2017
Mary Rogan, European Human Rights Law and Death in Prison: Obligation and Reforms, ESRC funded conference on Death in Punishment, School of Law, University of Sheffield, 25 October 2017, 2017
Mary Rogan, Inspection and Monitoring of Prisons: the role of European human rights law, European Society of Criminology, Cardiff, September 2017, 2017
Mary Rogan, The evolving role of imprisonment in Ireland, Law Society Annual Human Rights Conference, Dublin, October , 2017, Law Society
Mary Rogan, Inspection and monitoring of prisons, Ethics of Vulnerability conference, Dublin, November , 2017, UCD Centre for Ethics in Public Life
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Solitary confinement and the role of the courts, Solitary Confinement and the Role of the Courts in the USA and Ireland, Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Irish Prison Service on the Code of Ethical Behaviours, Ireland, 2017
Mary Rogan , Landmarks in Irish penal history, Parnell Summer School, Avondale, Co. Wicklow, Ireland, August , 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Council for Penological Cooperation : Revision of the Commentary to the European Prison Rules, Dublin, August, 2017
Mary Rogan , Current issues in the Irish Prison System, Waterford Institute of Technology, 2016
Mary Rogan , Internal Prison Inspection: Human Rights standards and examples of practice in Europe, 2016, -
Mary Rogan , Prison inspection: international human rights standards, Skopje, FYRO Macedonia, 2016, Council of Europe
Mary Rogan , 'The Syrian who did us all some service by suing the State" ', The Irish Times , 2016, -
Lynsey Black and Mary Rogan , The Inspector of Prisons' reports into deaths in custody, the National Steering Committee on Deaths in Custody, 2016
Mary Rogan , Overuse of imprisonment and minimising prisonisation, International Penal and Penitentiary Foundation Colloquium , Helsinki, Finland, 2016
Ivana Bacik Mary Rogan , Briefing Paper on the findings of 'Changing Ireland, Changing Law , 2016, -
Mary Rogan , 'La renición de cuentas en nuestras prisones', Justicia+, El Institutio de Justicia Procesal Penal, Mexico, 2015, -
Mary Rogan , Remission of sentences, Constitutional Law: An Update, University College Dublin , 2015
Mary Rogan, Prisons and the law, National University of Ireland/Maynooth. , 2015
Mary Rogan, Prison inspection: purpose and principles, Kyiv, Ukraine, 2015, Council of Europe
Mary Rogan, Penal policy: politics, penal-welfarism and political imprisonment , Pitzer College, California/United States of America., 2015
Mary Rogan, Prison Law: remission and visits , Dublin City University/Ireland, 2015
Mary Rogan, Legal issues and solitary confinement: the Irish perspective , American Society of Criminology Conference, Roundtable Sessions, 2015
Mary Rogan , Parenting and prisons: a human rights perspective, Conference on prison education and re-entry, Dublin Institute of Technology, 2015
Mary Rogan, Prisons and accountability: the role of rights' protection , Human Rights Centre, National University of Ireland, Galway, 2015
Mary Rogan , How Ireland might ratify OPCAT, Conference on Securing Accountability , Dublin, Ireland, 2015, Irish Penal Reform Trust
Mary Rogan, Release and visits , Criminal Law Forum of practitioners and academics , King's Inns, Dublin, Ireland, 2015
Mary Rogan, 'What happens when a pregnant woman or nursing mother gets sent to jail', thejournal.ie, 2014, -
Mary Rogan, The European Convention on Human Rights and the treatment and transition management of high risk offenders , Justice Cooperation Network, Warnemuende/Germany, 2014
Mary Rogan, The Rule of Law and Access to Justice in Prisons, Burren Law School, Burren/Ireland, 2014
Mary Rogan , '"Pregnancy, childbirth and motherhood in prison', Pregnancy Research Network , 2014, -
Mary Rogan , Models of penal reform, US-European Criminal Justice Innovation Programme, 2014, University of California, San Francisco, Prison Law Office
Mary Rogan, Understanding penal change: north and south , Irish Criminology Conference, University College Dublin/Ireland, 2014
Mary Rogan, The role of the courts in Ireland; Improving conditions related to detention, European Rights Academy, Council of Europe, Strasbourg , 2014
Mary Rogan, Prison Policy in Ireland, School of Law, Trinity College Dublin/Ireland, 2014
Mary Rogan, Driving penal reform, Scottish Association for the Study of Offending, Dunblane/Scotland, 2013
Mary Rogan, Prison Conditions Under Irish Law and the European Convention on Human Rights , Dublin , 2012, 1-27
Rogan, Mary, Deaths in Prison Custody: Information for Families and Others Affected, Dublin , Irish Penal Reform Trust, June, 2012, 1-28
Mary Rogan, Taking Prison Law Cases: A Practical Approach, Dublin , 2012, 1-11
Mary Rogan, Rehabilitation, research and reform: Prison policy in Ireland, Martin Tansey Memorial Lecture, Association for Criminal Justice Research and Development, Dublin/Ireland, 2012
Mary Rogan, Accountability Structures and the Law Regulating Irish Prisons , Dublin , Irish Penal Reform Trust , June, 2012, 1-29
Mary Rogan, The Determinants of Penal Policy in Ireland, Society for the Study of Deviance and Social Control, Chambery/France, 2011
Mary Rogan, , , 1998
Research Expertise
Projects
- Title
- Prisons: the rule of law, accountability and rights
- Summary
- This project aims: 1. To find out whether 'accountability' is a distinctive norm of the European legal system, and what European prison law and policy requires regarding the oversight and monitoring of prisons; 2. To find out how accountability is experienced by prisoners, prison staff and staff of bodies such as Ombudsmen, inspectors, and bodies which deal with complaints; 3. To create a typology of accountability bodies in European prison systems, and examine the relationship between the presence of such bodies and other indicators of prison regimes. Dr. Rogan will lead a team of three postdoctoral researchers, two PhD students, an MPhil student and a research assistant to carry out the work.
- Funding Agency
- European Research Council
- Date From
- 2016
- Date To
- 2021
- Title
- Towards pre-trial detention as ultima ratio?
- Summary
- This project examines the use of pre-trial detention and alternatives to such detention across Europe. It involves work in Ireland, Romania, Austria, Germany, Lithuania and the Netherlands. It will analyse pre-trial detention practices, with a particular focus on decisions which have a cross-border element,
- Funding Agency
- European Commission DG Justice
- Date From
- 2016
- Date To
- end 2017
- Title
- Leadership, culture and managing prisons: knowledge exchange between the USA and Europe
- Summary
- LEADERS will build a global network of innovative prison leaders engaged in progressive reforms to prison systems, the NGO partner, the Irish Penal Reform Trust, and the academic and NGO sectors in Ireland and the USA. LEADERS provides masterclasses and opportunities for reflection by prison leaders in selected US states and European countries. Participants will be invited to take part in research examining the challenges faced by prison leaders. LEADERS fulfils a core aim of the NGO partner - to support prison leadership to implement policy change.
- Funding Agency
- Irish Research Council
- Date From
- 01/01/17
- Date To
- 30/09/17
Recognition
Representations
President, International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, a 150 year old body with members across five continents with the aim of promoting studies in crime prevention and penal policy.
Book review editor and member of international editorial board, Howard Journal of Crime and Justice
Appointed by the Tánaiste and Minister for Justice and Equality as Chairperson of the Implementation and Oversight Group for the Report of the Strategic Review Group on Penal Policy
Member. Research Advisory Group, Howard League for Penal Reform (UK)
Member, Inaugural Research Advisory Group, Department of Justice
Member of the inaugural Department of Justice and Equality Research Advisory Group
Reviewer Canadian Journal of Law and Society
Reviewer Punishment and Society
Consultant on review of funding to build Cork Prison and a youth detention centre for the Council of Europe Development Bank
Consultant on human rights and prison issues, Council of Europe for projects in Ukraine and North Macedonia
Reviewer, research grant applications, National Science Centre, Poland
Reviewer and panel member for ERC mock interviews, SSH applicants, Irish Research Council
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons
Elected to the International Penal and Penitentiary Foundation in respect of Ireland (representing academia; the two other representatives being Vivan Geiran, Director of the Probation Service and the Hon. Ms. Justice Úna Ní Raifertaigh, judge of the Court of Appeal).
Appointed by the Central Statistics Office to the Expert Group on Crime Statistics
Member Advisory Group, ERC-funded RECEDE project (University of Nottingham)
Presented on bail and pre-trial detention to Oireachtas sub-committee on Justice
Reviewer British Journal of Criminology
Member of the interim Board of the Victims' Rights Alliance
Reviewer, Routledge
Member Advisory group ESRC funded project on Deaths in Custody University of Nottingham
Board member, Irish Association for the Social Integration of Offenders
Reviewer, Child and Family Law Quarterly
Reviewer, Theoretical Criminology
Appointed by the Minister for Justice and Equality to the Working Group conducting a Strategic Review of Penal Policy in Ireland
Invited research collaborator, Confederation of European Probation
Chairperson, Advisory Board, Prisoner Support Network (Pathways Project and Care After Prison)
Chairperson, Irish Penal Reform Trust (foremost NGO on penal affairs in Ireland)
External Examiner, Sligo Institute of Technology, (Higher Certificate in Custodial Care, Law programmes)
External Examiner, School of Law and Government, Dublin City University/Ireland: LLB (Law and Society) and LLM programmes
External Examiner, Criminal Justice, Waterford Institute of Technology/Ireland
Reviewer, Palgrave Macmillan
Reviewer, University of Monash Law Review
External Examiner, Letterkenny Institute of Technology (Law)
Academic Advisor, Trinity College Law Review
Organiser of a public event on 'Changing Ireland, Changing Law' selected for inclusion in PROBE: Research Uncovered event at Trinity College Dublin/Ireland
Presented to the Joint Oireachtas Committee on Justice, Defence and Equality on research into public interest law and strategic litigation
Presentation on "The impact of ERC funding", European Research Council Day, Royal Irish Academy, Dublin/Ireland
Awards and Honours
Best Civic Engagement Project, Trinity Civic Engagement Award
Law School Nominee for Trinity College Dublin Graduate Supervision Prize
President, International Penal and Penitentiary Foundation
Honorary Lifetime Member, Irish Penal Reform Trust
British Institute of International and Comparative Law Visiting Fellowship
Teaching Excellence Award/Dublin Institute of Technology
James Murnaghan Memorial Prize/Honorable Society of King's Inns
Simms'' prize for best performance in BCL examination in Crime, Justice and the Penal System/University of Oxford
Trinity College Postgraduate Studentship/Trinity College Dublin
Graduate Bursary/University of Oxford
Selected by Trinity College Dublin to participate in the LFHE Aurora programme
Réalt Scholarship/Dublin Institute of Technology
Memberships
President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons, Ireland
Member, The Honorable Society of Lincoln's Inn, London, UK
Chair, Implementation and Oversight Group for the Review of Penal Policy (appointed by the Minister for Justice)
Member, Howard League for Penal Reform (UK) Research Advisory Group
Member for Ireland and Voting Member, the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Advisory Group to ERC-funded project RECEDE, University of Nottingham
Member, Penal Policy Review Group (appointed by the Minister for Justice)
Member, Expert Group on Crime Statistics (with the Central Statistics Office) - set up to carry out a comprehensive review of the collection, publication and methodology for crime statistics in Ireland
Member Inaugural Research Advisory Group, Department of Justice, Ireland
Director, Irish Association for the Social Integration of Offenders
Chairperson, Irish Penal Reform Trust
Member, Division on Corrections and Sentencing, American Society of Criminology
Member of the Board, Victims' Rights Alliance
Convenor, 'Cultural and Legal Lives of Incarceration' Network, Law and Society Association
Researchers
Sahar Ahmed
David Campbell
Sarah Curristan
Breda Drea
Sophie Van Der Walk