Prof Jonathan Clough - Researcher Profile

Biography

Professor Jonathan Clough teaches and researches in the areas of criminal law and evidence, with a particular focus on cybercime, juries and corporate criminal liability. He is the author of Principles of Cybercrime (Cambridge University Press, 2010) and co-author of The Prosecution of Corporations (Oxford University Press, 2002). He has published numerous articles in national and international journals, and  is currently a Chief Investigator on an Australian Research Council Linkage Grant with the Victorian Department of Justice examining improved methods of judicial communication with juries. He regularly consults to government and presents to the judiciary and the legal profession. He teaches Criminal Law and Procedure A, Criminal Law B and Evidence in the LLB, and Cybercrime and Corporate and White Collar Crime in the LLM. He is currently Director, Higher Degrees by Research.

Related Links:

• View some of my research on my SSRN author page.

Research & Supervision Interests

Criminal law and procedure

Corporate Crime

Evidence

Cybercrime

Juries

Keywords

Criminal Law, Criminal Procedure, Cybercrime, Evidence, Juries, Corporate Crime

Qualifications

GRAD CERT (LAW TEACHING)

Institution: Monash University

Year awarded: 2006

PHD

Institution: Monash University

Year awarded: 2004

LLM

Institution: University of Cambridge

Year awarded: 1993

LLB(HONS)

Institution: Monash University

Year awarded: 1990

BSC

Institution: Monash University

Year awarded: 1988

Publications

Books

Clough, J., 2010, Principles of Cybercrime, Cambridge University Press, Cambridge, UK.

Clough, J.A., Mulhern, C., 2002, The Prosecution of Corporations, Oxford University Press, South Melbourne Vic Australia.

Clough, J.A., Mulhern, C., 1999, Criminal Law, Butterworths, Sydney NSW Australia.

Journal Articles

Ogloff, J.R., Thomas, S.D.M., Luebbers, S., Baksheev, G., Elliott, I., Godfredson, J.W., Kesic, D., Short, T.B., Martin, T., Warren, L.J., Clough, J.A., Mullen, P.E., Wilkins, C., Dickinson, A.E.M., Sargent, L.T., Perez, E., Ballek, D.L., Moore, E., 2013, Policing services with mentally ill people: Developing greater understanding and best practice, Australian Psychologist [P], vol 48, issue 1, John Wiley & Sons Ltd., United Kingdom, pp. 57-68. View Publication

Clough, J.A., 2012, "Just looking": when does viewing online constitute possession?, Criminal Law Journal [P], vol 36, issue 4, Lawbook Co, Pyrmont NSW Australia, pp. 233-248.

Clough, J.A., 2012, The Council of Europe Convention on Cybercrime: defining 'crime' in a digital world, Criminal Law Forum [P], vol 23, issue 4, Springer, Dordrecht Netherlands, pp. 363-391. View Publication

Clough, J., 2011, Cybercrime, Commonwealth Law Bulletin [E], vol 37, issue 4, Routledge, London UK, pp. 671-680. View Publication

Clough, J., 2011, Data theft? Cybercrime and the increasing criminalization of access to data, Criminal Law Forum [P], vol 22, issue 1-2, Springer Netherlands, Netherlands, pp. 145-170.

O'Brien, K., Goodman-Delahunty, J., Clough, J.A., Pratley, J., 2008, Factors affecting juror satisfaction and confidence in New South Wales, Victoria and South Australia, Trends and Issues in Crime and Criminal Justice, vol April 2008, issue 354, Australian Institute of Criminology, Canberra ACT Australia, pp. 1-6.

Najdovski-Terziovski, E., Clough, J.A., Ogloff, J.R., 2008, In your own words: A survey of judicial attitudes to jury communication, Journal of Judicial Administration, vol 18, issue 2, Lawbook Co, Pyrmont NSW, pp. 65-84.

Clough, J.A., 2008, Now you see it, now you don't: Digital images and the meaning of 'possession', Criminal Law Forum, vol 19, issue 2, Springer, The Netherlands, pp. 205-239.

Clough, J.A., 2008, Punishing the Parent: Corporate Criminal Complicity in Human Rights Abuses, Brooklyn Journal of International Law, vol 33, issue 3, Brooklyn Law School, New York USA, pp. 899-931.

Najdovski-Terziovski, E., Ogloff, J.R., Clough, J.A., Monteleone, R., 2008, What are we doing here? An analysis of juror orientation programs, Judicature, vol 92, issue 2, American Judicature Society, Des Moines Iowa USA, pp. 70-77.

Clough, J.A., 2007, A Glaring Omission? Corporate Liability for Negligent Manslaughter, Australian Journal of Labour Law, vol 20, issue 1, Lexis Nexis, Chatswood NSW, pp. 29-52. View Publication

Clough, J.A., 2007, Bridging the Theoretical Gap: The Search for a Realist Model of Corporate Criminal Liability, Criminal Law Forum, vol 18, issue 3-4, Springer Netherlands, The Netherlands, pp. 267-300.

Ogloff, J.R., Clough, J.A., Goodman-Delahunty, J., 2007, Enhancing communication with Australian and New Zealand juries: A survey of judges, Journal of Judicial Administration, vol 16, issue 4, Lawbook Company, Australia, pp. 235-255. View Publication

Clough, J.A., 2005, Not-so-innocents abroad: corporate criminal liability for human rights abuses, Australian Journal of Human Rights, vol 11, issue 1, LexisNexis Butterworths, Chatswood NSW Australia, pp. 1-32.

Clough, J.A., 2005, Will the punishment fit the crime? Corporate manslaughter and the problem of sanctions, The Flinders Journal of Law Reform, vol 8, issue 1, School of Law, Flinders University, Adelaide SA Australia, pp. 113-131.

Clough, J.A., 2004, The role of judges in assisting jury comprehension, Journal of Judicial Administration, vol 14, issue 1, Lawbook Co., Australia, pp. 16-30.

Clough, J.A., 2003, Sentencing the Corporate Offender: The Neglected Dimension of Corporate Crime, Corporate Misconduct eZine, vol 1, issue 1, Thomson Legal and Regulatory Asia Pacific, http://www.lawbookco.com.au/academic/Corporate-Misconduct-ezine/html-files/articles.asp, pp. 1-24. View Publication

Liberman, J., Clough, J.A., 2002, Corporations that kill: the criminal liability of tobacco manufacturers, Criminal Law Journal, vol 26, issue 4, Thomson Lawbook Co, NSW Australia, pp. 223-236.

Clough, J.A., 2000, Section 398A of the Crimes Act 1958 (Vic): Pfennig resurrected?, Criminal Law Journal, vol 24 issue 1, LBC Information Services, Rozelle NSW Australia, pp. 8-20.

Clough, J.A., 1998, Pfenning v The Queen: A Rational View of Propensity Evidence?, Adelaide Law Review, vol 20 issue 2, Adelaide Law Review Association, Adelaide SA Australia, pp. 287-313.

Clough, J.A., 1997, The Exclusion of Voluntary Confessions: A Question of Fairness, The University of New South Wales Law Journal, vol 20, The University of New South Wales, Sydney NSW Australia, pp. 25-47.

Other

Goodman-Delahunty, J., Brewer, N., Clough, J.A., Horan, J., Tait, D., Pratley, J., 2008, Practices, Policies and Procedures that Influence Juror Satisfaction in Australia, Australian Institute of Criminology, Canberra ACT, pp. 1-162.

Ogloff, J.R.P., Clough, J.A., Goodman-Delahunty, J., Young, W., 2006, The jury project: stage 1 - A survey of Australian and New Zealand judges, Australian Institute of Judicial Administration Incorporated, Melbourne Vic Australia, pp. 1-63.

Teaching Commitment

Criminal Law B (LAW3302)

Cybercrime (LAW7280)

Grants

Title:

Asking the Right Questions: Improving Juror Comprehension of Judicial Directions.

Investigators:

Clough, J, Ogloff, J, Monteleone, R

Funding:

(2011 - 2015). Australian Research Council (ARC).

(2011 - 2015). Department of Justice.

Title:

Increasing jurors? comprehension of the jury charge: judicial interviews.

Investigators:

Ogloff, J, Reinhardt, G, Clough, J

Funding:

(2007 - 2011). Victoria Law Foundation.

(2008 - 2012). Victoria Law Foundation.

Title:

Policing services and the mentally ill: An evidence-based good practice model.

Investigators:

Ogloff, J, Thomas, S, Mullen, P, Martin, P, Clough, J, Tye, C, Dickinson, A, Lay, K, Pfeifer, J, Elliot, I, Baksheev, G

Funding:

(2007 - 2010). Australian Research Council (ARC).

(2007 - 2011). Australian Research Council (ARC).

(2007 - 2011). Victoria Police.

(2008 - 2012). Australian Research Council (ARC).

Title:

The Prosecution of Corporations and Their Officers.

Investigators:

Clough, J, Houghton, C, Fox, R

Funding:

(1998 - 1998). Australian Research Council (ARC).

Postgraduate Research Supervisions

Current Supervision

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Assessment of the Adequacy of Existing & Proposed International Standards for Criminal Enforcement Measures for the Protection of Intellectual Property Rights (IPRs) to Prevent Counterfeiting & Piracy.

Supervisors:

Lindsay, D (Main), Clough, J (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Differentiating Internet child pornography and contact sex-offenders: Psychological predictors.

Supervisors:

Ogloff, J (Main), Clough, J (Associate), Thomas, S (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Evaluation of an online injury surveillance system in community Australia football..

Supervisors:

Ogloff, J (Main), Clough, J (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Forensic Psychology .

Supervisors:

Ogloff, J (Main), Clough, J (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Kill or be killed: family violence as a defence to homicide. An examination of section 9AD (defensive homicide) of the Crimes Act 1958 (vic).

Supervisors:

Clough, J (Main), Naylor, B (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

Lies, litigation and the law.

Supervisors:

Mcsherry, B (Main), Clough, J (Associate).

Program of Study:

(DOCTORATE BY RESEARCH).

Thesis Title:

The prosecution of criminal cartels in Australia.

Supervisors:

Clough, J (Joint-co), Duns, J (Joint).

Completed Supervision

Student:

Leon, M.

Program of Study:

The Forensic Difficulties Created by Non-Insane Automatism Cases.. 2004.

Supervisors:

Clough, J (Main).

Student:

Leonard, P.

Program of Study:

. 2002.

Supervisors:

Clough, J (Main).

Student:

Maclachlan, D.

Program of Study:

"Cyber-Laundering": Money Laundering Pursued Over Electronic Channels.. 2004.

Supervisors:

Clough ((Double Id)), J (Main).

Student:

Najdovski-Terziovski, E.

Program of Study:

The jury project: enhancing communication with the Australian jury. (PHD) 2008.

Supervisors:

Ogloff, J (Main), Clough, J (Associate).

Student:

Ruff, A.

Program of Study:

Countering money laundering and terrorism financing: can the resultant intrusion into the right of privacy by the law be justified?. (PHD) 2012.

Supervisors:

Clough, J (Joint), Laryea, E (Joint-Co).

Student:

Skepper, F.

Program of Study:

Not to be left to the Jury: Directed Verdicts in criminal law trials.. 2010.

Supervisors:

Clough, J (Main).

Student:

Wheelwright, K.

Program of Study:

The liability of Australian directors and managers for deaths at work. (PHD) 2010.

Supervisors:

Clough, J (Main).