Bennett L. Gershman

July 15, 2022 | New York Law Journal

Even with powerful evidence of guilt, prosecutors will face daunting challenges to persuade a jury of Trump's guilt, and then defend that conviction in appellate courtrooms.

By Bennett L. Gershman and Joel Cohen

7 minute read

March 30, 2022 | New York Law Journal

Once again, John Giuca's struggle to prove that his 2005 murder conviction was tainted by a Brooklyn prosecutor's extensive misconduct has been thwarted.

By Bennett L. Gershman

8 minute read

January 06, 2022 | New York Law Journal

Did Judge Wood carefully analyze legal issues correctly? Was his reasoning coherent, logical, and based on a correct application of law? Did he cite legal authority carefully and responsibly?

By Bennett L. Gershman

8 minute read

November 18, 2021 | New York Law Journal

Prosecutors are the most powerful public officials in America and have the power to destroy people's lives. But prosecutors are rarely sanctioned when they break the rules.

By Ellen C. Yaroshefsky and Bennett L. Gershman

8 minute read

October 22, 2021 | New York Law Journal

A prosecutor should be a skeptic about guilt. A prosecutor should rigorously test the hypothesis of guilt. A prosecutor should take an active role in confirming the truth of a defendant's guilt and struggle to resolve contradictory evidence. A prosecutor should not assume that her witnesses are truthful.

By Bennett L. Gershman

8 minute read

October 05, 2021 | New York Law Journal

Respect for law is a basic tenet of democracy and the integrity of our judicial system. But the right to defy an unconstitutional law is also basic to our constitutional structure.

By Bennett L. Gershman

6 minute read

August 31, 2021 | New York Law Journal

Despite the chaos and confusion that Trump's lawyers attempted to create by filing their lawsuit, these lawyers have finally been held accountable for their abuse of the judicial process.

By Bennett L. Gershman

8 minute read

August 12, 2021 | New York Law Journal

"Unless guardrails are enforced to safeguard the integrity of our democracy, we may not get a second chance."

By Bennett L. Gershman

7 minute read

July 21, 2021 | New York Law Journal

The difference between online teaching and live in-person teaching is stark.

By Bennett L. Gershman

7 minute read

July 02, 2021 | New York Law Journal

This hypothetical about a teacher violating a critical race theory law draws a parallel to the Scopes Monkey Trial from a century ago.

By Bennett L. Gershman

6 minute read