Research Supervisors

Dr. David Prendergast & Ms. Lynn Clarke-Hearty, Trinity College Dublin School of Law

Background

It is indelible that the law is anything but black and white, and therefore that the criminal justice system is built on social and moral norms. In this context, legal academia now increasingly recognises its failures towards marginalised groups in society, specifically women, who face multudinous issues in the courtroom. As Weinburg (2023) puts it, women are often ‘disbelieved, decried or demeaned’.

Outline 

This research will seek to understand the female experience in the courtroom, by examining three landmark cases, those of  Joanne Hayes (Ireland, 1985), Sally Clark (England, 2003) and Kathleen Folbigg (Australia, 2023). The selected cases follow a common fact pattern. All three women were accused and convicted of infanticide, then exonerated due to serious legal flaws. I seek to consider each case, asking the question 'why?' at every point to identify common themes and advance the work of feminist interdisciplinary scholars.

 Impact

Beyond the programme requirements, this research will encapsulate lessons from catastrophic cases to support a fairer criminal process. Its impact will surpass legal analysis – enhancing policy recommendations on mitigating biases that female defendants in infanticide cases face. Broadly, it will expand the discourse around improving women’s experience in the courtroom, and fill the gap interjurisdictional, feminist criminal law research.