Charles Sturt University
Charles Sturt University

Dr Marcus Smith

Dr Marcus Smith

Profile

Dr Marcus Smith is Senior Lecturer and Course Director in Law at the Centre for Law and Justice, Charles Sturt University, and Adjunct Professor of Law at the University of Canberra.

Marcus holds bachelor degrees in arts, science and law and a Master of Laws from the ANU College of Law; a Master of Philosophy from Trinity Hall, Cambridge; and a Doctor of Philosophy from the ANU College of Law.

Marcus has significant legal research experience at Australian Government agencies and the Australian Parliament. Before commencing his current role, he was Principal Research Officer to the Senate Legal and Constitutional Affairs Committee, Principal Research Analyst at the Australian Institute of Criminology, and Research Officer at the Department of the Prime Minister and Cabinet. He also previously lectured and tutored in law and criminal justice subjects at the University of Canberra.

Marcus has written two books: DNA Evidence in the Australian Legal System (LexisNexis, 2015) and Biometrics, Crime and Security (Routledge, 2018). His research has been published in the Journal of Law and Medicine, the Criminal Law Journal, the Australian Journal of Forensic Sciences, the University of New South Wales Law Journal, and Trends and Issues in Crime and Criminal Justice. He has presented his research at conferences and workshops around the world, including the United Kingdom, Europe, China and India.

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Teaching

  • Evidence Law
  • Criminal Law
  • Constitutional Law

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Research

  • Evidence law
  • Criminal law
  • Medical law
  • Constitutional law
  • Legal and political theory
  • Expert evidence
  • DNA identification
  • Biometric identification

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Publications

Books:

Smith, M., Mann, M. and Urbas, G. (2018). Biometrics, Crime, and Security, Routledge, Abingdon, United Kingdom

Smith, M. (2015). DNA Evidence in the Australian Legal System, LexisNexis, Sydney, Australia

Refereed journal articles:

Smith, M. (2018). ‘Universal Forensic DNA Databases: Balancing the Benefits and Individual Rights Considerations’ Alternative Law Journal (forthcoming)

Smith, M. (2018). 'The Contribution of the Senate to Criminal Law Reform' Criminal Law Journal (forthcoming)

Mann, M. and Smith, M. (2017). 'Automated Facial Recognition Technology: Recent Developments and Regulatory Options' 40(1) University of New South Wales Law Journal

Smith, M. and Smith, R. (2016). 'Impediments to Effective Unexplained Wealth Legislation in Australia' Trends and Issues in Crime and Criminal Justice Canberra: Australian Institute of Criminology

Smith, M. and Mann, M. (2015). 'Recent Developments in DNA Evidence' Trends and Issues in Crime and Criminal Justice (2015) Canberra: Australian Institute of Criminology

Urbas, G., Faunce, L. Skillen and Smith, M. (2012) 'Responding to Fraud in the Australian Health, Pharmaceuticals and Medical Devices Sectors: A Proposal for Reform' 2 World Review of Business Research 109

Smith, M. and Urbas, G. (2012). 'Regulating New Forms of Forensic DNA Profiling under Australian Legislation: Familial Matching and DNA Phenotyping' 44 Australian Journal of Forensic Sciences 63

Faunce, T, G. Urbas, L. Skillen and SmithM. (2010). 'Recovering Fraudulent Claims for Australian Federal Expenditure on Pharmaceuticals and Medical Devices' 18 Journal of Law and Medicine 302

Presentations

Smith, M. ‘Imagining Future Criminal Law in Australia’ Australian and New Zealand Society of Criminology Annual Conference, Canberra, Australia, 8 December 2017.

Smith, M. ‘Biometrics in Criminal Investigation’ Presentation to National Police Academy of India, Hyderabad, India, 17 November 2017.

Smith, M. ‘Applications of DNA Evidence and Big Data in Criminal Investigations’ National Police University of China International Conference on Criminal Investigation and Forensics, Shenyang, China, 15 October 2017.

Smith, M. ‘Balancing Competing Interests in Contemporary Forensic Science’ Charles Sturt University, Centre for Law and Justice, Research Seminar, Canberra, Australia, 27 September 2017.

Smith, M. ‘Biometrics, Crime and Security: New forms of DNA Identification’ Tenth Workshop on the Social Implications of National Security, Sydney, Australia, 9 August 2017.

Mann, M and Smith, M. 'Recent Developments in Biometrics' Presentation to Faculty at the Tilburg Institute for Law and Technology, Tilburg University, Tilburg, Netherlands, 26 September 2016.

Mann, M and Smith, M. 'Automated Facial Recognition Technology: Recent Developments And Strengthening Oversight' European Society of Criminology Conference, M√ľnster, Germany, 23 September 2016.

Smith, M. 'Confiscating the Proceeds of Crime: Unexplained Wealth Legislation in Australia' 33rd International Symposium on Economic Crime, Cambridge, United Kingdom, 11 September 2015.

Smith, M. 'The Identification and Control of Risk: Professional Facilitators and Money Laundering in Australia' 33rd International Symposium on Economic Crime, Cambridge, United Kingdom, 8 September 2015.

Smith, M. and Urbas, G. 'DNA Evidence in Australia: Historical Developments and Future Directions' University of Sydney Law School Evidence Law Workshop, Sydney, Australia, 3 September 2015.

SmithM. 'Issues Associated with the Expansion of Forensic DNA Database Capabilities' Australian Institute of Criminology Seminar Series, Canberra, Australia, 4 September 2014.

Smith, M., and Urbas, G. 'DNA Profiling under Australian Legislation: Familial Matching and DNA Phenotyping' Australian Institute of Judicial Administration (AIJA) Criminal Justice in Australia and New Zealand - Issues and Challenges for Judicial Administration Conference, Sydney, Australia, 7 September 2011.

Government reports

Senate Legal and Constitutional Affairs References Committee, Nature and Scope of Any Agreement Reached by the Commonwealth and Western Australian Governments in Relation to the Distribution of Proceeds of the Liquidation of the Bell Group, Senate Committee Report, March 2017.

Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016, Senate Committee Report, February 2017.

Senate Legal and Constitutional Affairs Legislation Committee, Migration Legislation Amendment (Regional Processing Cohort) Bill 2016, Senate Committee Report, November 2016.

Senate Legal and Constitutional Affairs Legislation Committee, Criminal Code Amendment (Firearms Trafficking) Bill 2016, Senate Committee Report, November 2016.

Senate Legal and Constitutional Affairs References Committee, Nature and Scope of the Consultations Prior to the Making of the Legal Services Amendment (Solicitor-General Opinions) Direction 2016, Senate Committee Report, November 2016.

Senate Legal and Constitutional Affairs References CommitteePhenomenon Colloquially Referred to as 'Revenge Porn', Senate Committee Report, February 2016.

Senate Legal and Constitutional Affairs References CommitteeEstablishment of a National Registration System for Australia Paramedics to improve and Ensure Patient and Community Safety, Senate Committee Report, May 2016.

Senate Legal and Constitutional Affairs Legislation CommitteeMigration Amendment (Complementary Protection and Other Measures) Bill 2015, Senate Committee Report, May 2016.

Smith, M. and Smith, R. (2016). 'Exploring the Procedural Barriers to Securing Unexplained Wealth Orders in Australia' Consultancy Report for the Criminology Research Advisory Council Canberra: Australian Institute of Criminology

Brown R., Morgan, A., and Smith, M. (2015). Evaluating Intensive Correction Type Orders in the Australian Capital Territory Consultancy Report for the ACT Justice and Community Safety Directorate, Canberra: Australian Institute of Criminology

Brown R., Morgan, A., SmithM., Mann, M. et al. (2015). Evaluation of the Australian Cybercrime Online Reporting Network, Consultancy Report for the CrimTrac Agency Canberra: Australian Institute of Criminology

Brown R., Morgan, A., SmithM., Mann, M. et al. (2015). Evaluation of the Australian Ballistic Information Network, Consultancy Report for the CrimTrac Agency Canberra: Australian Institute of Criminology

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Supervision

PhD

An examination of social pressures on criminal law, legal administration, legal determination, and punishment in England in the period 1750-1850 and Australia in the period 1789-1850 (co-supervisor)

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