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Staff Profile

Samantha Ryan

Head of School

Background

Qualifications

BCL (University College Cork) LLM (University College Cork), MPhil (Kings College London)

Honours and Awards

In 1999 I was awarded a Travelling Studentship in Law by the National University of Ireland.

Research

Research Interests


I have always been interested in the boundaries of the criminal law and setting limits as to how the state, in terms of its criminal justice arm, can control or limit human behaviour. In particular, I am interested in ensuring that we confine criminal liability to behaviour that truly deserves the serious sanction of criminal punishment. I have explored the appropriate boundaries of criminalisation in my research on criminal liability for the transmission of HIV in a number of research papers. In relation to the issue of disclosure of ones HIV status prior to engaging in sexual intercourse, I argued that whilst morally we may expect disclosure, non-disclosure should not necessarily lead to criminal sanction. I have also explored the idea of justifiable non-disclosure, the importance of relationship type to expectations around disclosure, the issue of gender and HIV disclosure and the difference between silence and lying in the context of criminal liability for HIV transmission. As part of my wider research on criminal liability for HIV transmission, I also considered the role of medical health care professionals and more specifically focused on the nature of what constitutes appropriate medical advice, as opposed to legal advice, to people living with HIV.


More generally I am interested in many areas of substantive criminal law - in particular issues of consent, rough sex and harm, strict liability and sexual offences, the issue of gender in criminal law and the role of morality in shaping criminal offences or influencing decisions in cases. I am also interested in criminal procedure, laws of evidence, human rights in this context and the balance of power between the individual and the state. The relationship between public health and criminal law is something I have explored a little with my work on HIV and also in relation to pregnancy and pre-natal alcohol exposure and this is an area I wish to continue to explore as I recognise the potential for both to limit and control individual behaviour.




Other Expertise

I have in the past carried out research into the attrition rate in rape and sexual assault offences.


Current Work

I have been working (with Dr Monique Jonas, University of Auckland) on a paper exploring the issue of maternal criminal liability for inflicting harm via pre-natal alcohol exposure (PAE). The paper considers the nature of the harm of PAE and the nature of public wrongs/crimes more generally to consider whether the case can or should be made that PAE warrants criminalisation.

I am also currently working on a piece that explores the moral nature of criminal legal causation.

Future work will focus on the issue of abortion and in particular consider the use of the concept of balance when considering abortion law. I also hope to consider the the current legal approach to rough sex and harm focusing on the issue of understanding consent and autonomy in the context of a society in which male violence against women is pervasive.


Postgraduate Supervision

Happy to supervise students exploring aspects of criminal law generally, more specifically consent and harm, morality and criminalisation, disease transmission and criminal law, sexual offences, human rights aspects of crime, criminal procedure and the law of evidence, or abortion.

If you wish further information on reading for a research degree at Newcastle Law School please see www.ncl.ac.uk/nuls/postgraduate/research/index.htm

Teaching

Undergraduate Teaching

Criminal law, Law of Evidence, Law and Gender

Publications