main navigation
my pace

Bennett Gershman | PACE UNIVERSITY

News & Events

Sort/Filter

Filter Newsfeed

News Item

The Kansas Leadership Center Journal featured Haub Law Professor Bennett Gershman in "District attorneys races in Johnson, Shawnee counties highlight broadening debate on criminal justice"

10/21/2020

The Kansas Leadership Center Journal featured Haub Law Professor Bennett Gershman in "District attorneys races in Johnson, Shawnee counties highlight broadening debate on criminal justice"

It’s hardly a typical election year for law enforcement officials. Prosecutors who once touted campaign slogans like “tough on crime” and “law and order” have tweaked their message, says Bennett L. Gershman, a Pace University professor of law and a former prosecutor who is now considered a national expert on prosecutorial misconduct and a frequent speaker at campus Federalist Society events.

“Prosecutors need to be and are showing themselves as much more focused on making sure the justice system is just,” he says.

The top elected prosecutor in many jurisdictions often goes unchallenged. When opponents arise, some voters feel uneasy making a judgment call on who is better qualified for the job.

Understanding the complex workings of the legal system isn’t for the one-dimensional. It means many incumbents enjoy long tenures, Gershman says.

“Now the community has become a much more powerful constituency than maybe in the past,” Gershman says.

...

It’s difficult for voters to assess or review a prosecutor’s work, many argue, because the practice of law is complex. It’s filled with confidential information and requires a lot of judgment calls by the top prosecutor. It takes an enormous amount of trust from voters.

“Prosecutors really have more discretion, I think, than any public official in America. Who has the power to deprive people of their liberty and even their life and certainly their reputation?” Gershman says.

Conviction rates and high-profile cases often get mentioned in media reports, but the vast majority of the cases prosecutors handle fail to generate much in the way of headlines.

When voters stop and ask themselves who to vote for, Gershman says, they might think about prosecutors’ day-to-day communications with the public. How do they talk about mental illness, drug cases and gun violence?

Read the full KLC Journal.

News & Events

Sort/Filter

Filter Newsfeed

News Item

USA Today featured Haub Law Professor Bennett Gershman in "'Release the transcripts': Ben Crump slams decision in Breonna Taylor case, calls out systemic racism in the legal system"

09/30/2020

USA Today featured Haub Law Professor Bennett Gershman in "'Release the transcripts': Ben Crump slams decision in Breonna Taylor case, calls out systemic racism in the legal system"

Bennett Gershman, a nationally recognized expert on prosecutorial ethics who teaches law at Pace University in New York, said under those rules prosecutors could elect to reveal their grand jury recommendations or keep them confidential. He said he is not aware of any prosecutor being sanctioned for disclosing a recommendation. 

Grand jury proceedings are secret for four reasons, the U.S. Supreme Court has said:

  • To prevent those under investigation from interfering with witnesses;

  • to encourage witnesses to speak freely;

  • to reduce the chance that a person about to be indicted will flee;

  • and to protect innocent people who may be grand jury targets but are never indicted.

Read the USA Today via Yahoo News article.

News & Events

Sort/Filter

Filter Newsfeed

News Item

City & State featured Elisabeth Haub School of Law Professor Bennett Gershman in "Times’ Trump tax scoop could fuel further inquiries from James, Vance"

09/29/2020

City & State featured Elisabeth Haub School of Law Professor Bennett Gershman in "Times’ Trump tax scoop could fuel further inquiries from James, Vance"

But experts say several points raised about Trump’s taxes look like possible red flags. One is to look into the legitimacy of the millions of dollars in business losses Trump reported, which reduced his overall taxes. “What we don’t have from the Times story is we don’t have the documents that back up these numbers,” said Bennett Gershman, a professor at Elisabeth Haub School of Law at Pace University and former prosecutor with the Manhattan District Attorney’s office. “That’s going to be what’s going to determine whether or not he’s guilty of criminal conduct because, right now, on the surface, we can’t say whether or not he’s cheated on his taxes or whether he has just behaved like an aggressive businessman.”

Read the full City & State article.

News & Events

Sort/Filter

Filter Newsfeed

News Item

News12 featured Haub law professor Bennett Gershman in "Pace law professor: Barrett would vote to overturn Roe v. Wade, ‘Obamacare’"

09/28/2020

News12 featured Haub law professor Bennett Gershman in "Pace law professor: Barrett would vote to overturn Roe v. Wade, ‘Obamacare’"

Few who News 12 spoke to Saturday were surprised by President Donald Trump's nomination of Judge Amy Coney Barrett to the Supreme Court.

Her views in many ways are seen as the opposite of liberal icon Justice Ruth Bader Ginsburg, who died on Sept. 18.

Pace University law professor Bennett Gershman predicts the overturning of many historic Supreme Court decisions if the conservative is confirmed to fill the seat.

"She would vote to overturn Roe v Wade. She would vote against gay marriage. She would vote against the Affordable Care Act. Everything that Ruth Bader Ginsburg stood for, she would be against," he says.

Barrett's nomination is expected to kick off a furious scramble to confirm her in the Senate before Election Day on Nov. 3.

Watch the News12 clip.

 

News & Events

Sort/Filter

Filter Newsfeed

News Item

The Courier Journal featured Haub Law Professor Bennett Gershman in "Was AG right that he couldn't reveal to public his Breonna Taylor recommendation to grand jury?"

09/25/2020

The Courier Journal featured Haub Law Professor Bennett Gershman in "Was AG right that he couldn't reveal to public his Breonna Taylor recommendation to grand jury?"

Bennett Gershman, a nationally recognized expert on prosecutorial ethics who teaches law at Pace University in New York, said under those rules prosecutors could elect to reveal their grand jury recommendations or keep them confidential. He said he is not aware of any prosecutor being sanctioned for disclosing a recommendation.

Read the full Courier Journal article.

News & Events

Sort/Filter

Filter Newsfeed

News Item

News12 featured Haub Law Professor Bennett Gershman in "Trump’s Push to Appoint Electors"

09/25/2020

News12 featured Haub Law Professor Bennett Gershman in "Trump’s Push to Appoint Electors"

Trump's campaign says appointing electors to do so can protect the people's will. But Pace University law professor Bennett Gershman is questioning whether or not our democracy can survive this election. It's theoretically possible that correct electors in the state say we're upholding democracy.

Watch the News12 clip at 2:59:50.

News & Events

Sort/Filter

Filter Newsfeed