Bennett L. Gershman

  • University Distinguished Professor
Preston Hall 305
Contact professor via email to schedule an appointment.
Assistant: Susie Della Ruffa
Preston Hall 314
(914) 422-4259


BA, Princeton University
JD, New York University School of Law

For media inquiries, contact:

Rachael Silva
Assistant Dean for External Affairs
(914) 422-4354

University Distinguished Professor Bennett Gershman has been a professor of law at the Elisabeth Haub School of Law since its founding as the Pace Law School in 1976. He has also taught as a visiting professor at Cornell Law School and Syracuse Law School. Prior to coming to Pace, Gershman was a prosecutor in the New York State Anti-Corruption Office, where he argued cases in state and federal courts involving public and political officials charged with corruption.

Gershman has written four books, over 75 articles in law journals, and hundreds of book reviews, essays, and op-ed pieces. His treatise, Prosecutorial Misconduct, initially published in 1985 and now in its 2nd edition, has become a preeminent resource for scholars and practitioners seeking guidance on wrongful convictions.

As a leading authority in the country on prosecutorial misconduct, Gershman is continuously called upon by the news media for his expertise. He is routinely quoted by the New York Times, the Washington Post, the Los Angeles Times, and The Wall Street Journal, as well as by a host of local publications. He has served as an expert witness on prosecutorial misconduct in numerous criminal cases. He also has devoted much of his time to training prosecutors and judges.

Professor Gershman was named a Pace University Distinguished Professor in 2020, the highest honor the University bestows upon faculty. His lifetime work was recognized in a special edition of the Ohio State Journal of Criminal law dedicated to and “In Honor of Prof. Bennett L. Gershman” in 2019. In 2022, he was honored with a Lifetime Achievement Award by the New York Law Journal for his impact on the legal community and the practice of law over his entire career.

Attesting to his teaching effectiveness, Gershman has received the Outstanding Professor of the Year award from graduating students eight times in the past 20 years. His sensitivity to the student experience is evidenced by his book, The Law School Experience: Law, Legal Reasoning and Lawyering (2000; co-authored with Lissa Griffin), which seeks to demystify the experience of being a law student. Registration for his classes often closes quickly.




"The Law School Experience: Law, Legal Reasoning, and Lawyering," (with Lissa Griffin)(2000).

"Trial Error and Misconduct," 2d ed., (2007)(supplemented annually).

"Prosecutorial Misconduct," 2007 ed. (2006).

"Prosecutorial Misconduct," 2d ed. (1999)(supplemented annually).

"Trial Error and Misconduct," (1997)(supplemented annually).

"Prosecutorial Misconduct. New York: C. Boardman Co.," (1985).

Law Review Articles

"Threats and Bullying By Prosecutors," 46 Loyola University of Chicago Law Journal 327 (2014).

"Subverting Brady v. Maryland and Denying a Fair Trial: Studying the Schuelke Report,"  64 Mercer Law Review 683 (2013).

"Pre-Plea Disclosure of Impeachment Evidence," 65 Vanderbilt Law Review En Banc 141 (2012).

"Educating Prosecutors, and Supreme Court Justices, on Brady v. Maryland," 13 Loyola New Orleans Public Interest Law Journal 517 (2012). 

"Judicial Interference With Effective Assistance of Counsel," Pace Law Review (forthcoming).

"Prosecutorial Discretion and Decision-Making in the Charging Function," Hastings Law Journal (forthcoming).

"The Zealous Prosecutor as Minister of Justice,"  San Diego Law Review (forthcoming).

"'Hard Strikes and Foul Blows:' Berger v. United States 75 Years After," 42 Loyola University of Chicago Law Review 177 (2010).

"Bad Faith Exception to Prosecutorial Immunity for Brady Violations," Amicus, HarvardCivil Rights-Civil Liberties Law Review online (2010).

"Privacy Revisited: GPS Tracking as Search and Seizure," 30 Pace Law Review 927 (2010).

"Confronting Scientific Reports Under Crawford v. Washington," 29 Pace Law Review 479 (2009).

"The Most Dangerous Power of the Prosecutor – James D. Hopkins Memorial Lecture," 29 Pace Law Review 1 (2008).

"Litigating Brady v. Maryland: Games Prosecutors Play," 57 Case Western Law Review 531 (2007).

"No Gatekeeper of Justice," National Law Journal, Feb. 19, 2007, at 22 (with Joel Cohen) (reprinted in New Jersey Law Journal, Feb. 23, 2007 at 659).

"Reflections on Brady v. Maryland,"  47South Texas Law Review 685 (2006).

"Hussein Trial Lessons," National Law Journal, Nov. 13, 2006, at 31 (with Joel Cohen).

"Contaminating the Verdict: The Problem of Juror Misconduct," 50 South Dakota Law Review 322 (2005).

"How Juries Get It Wrong - Anatomy of the Detroit Terror Case," 44 Washburn Law Journal 327 (2005).

"Prosecutorial Ethics and Victims' Rights: The Prosecutor's Duty of Neutrality," 9 Lewis & Clark Law Review 559 (2005).

"Misuse of Scientific Evidence by Prosecutors," 28 Oklahoma City University Law Review 17 (2003).

"Witness Coaching By Prosecutors," at 23 Cardozo Law Review 829 (2002).

"The Prosecutor's Duty to Truth," 14 Georgetown Journal of Legal Ethics 309 (2001))(reprinted in Chengchi Law Review, No. 116, August 2010).

"Child Witnesses and Procedural Fairness," 24 American Journal of Trial Advocacy 585 (2001).

"Burdening Constitutional Rights: The Supreme Court's License to Prosecutors," 8 Criminal Justice Journal 51 (2001)

"Mental Culpability and Prosecutorial Misconduct," 26 American Journal of Criminal Law 121 (1998) .

"Tribute to Barbara Salken," 17 Pace Law Review 23 (1997).

"The Term Limits Case. (The Supreme Court and Local Government Law: 1994-95 Term)," 12 Touro Law Review 373 (1996).

"Supervisory Power of the New York Courts," 14 Pace Law Review 41 (1994).

"The Gate is Open But the Door is Locked: Habeas Corpus and Harmless Error," 51 Washington & Lee Law Review 115 (1994).

"The New Prosecutors," 53 Pittsburgh Law Review 393 (1992) [reprinted in Criminal Practice Law Review (Michie Company, 1993)].

"A Moral Standard for the Prosecutor's Exercise of the Charging Discretion," 20 Fordham Urban Law Journal 513 (1993).

"A Tribute to Thurgood Marshall," 13 Pace Law Review 297 (1993).

"The New Prosecutors," 53 University of Pittsburgh Law Review 393 (1992).

"Justice William J. Brennan, Jr.: The Moral Force of His Language," 11 Pace Law Review 509 (1991).

"The Thin Blue Line: Art or Trial in the Fact-Finding Process," 9 Pace Law Review 275 (1989).

"Attorney Loyalty and Client Perjury - A Postscript to Nix v. Whiteside," 14 American Journal of Criminal Law 97 (1987).

"Proving the Defendant’s Bad Character," 11 American Journal of Trial Advocacy 477 (1988)[reprinted in Criminal Practice Law Review, Michie Company (1989)].

"ABSCAM Ethics: Moral Issues and Deception in Law Enforcement," 52 George Washington Law Review 166 (1983).

"Abscam, the Judiciary and the Ethics of Entrapment," 91 Yale Law Journal 1565 (1982).

"Entrapment, Shocked Consciences and the Staged Arrest," 66 Minnesota Law Review 567 (1982).

"The 'Perjury Trap," 129 University of Pennsylvania Law Review 624 (1981).

Book Reviews

Clarence Darrow, The Story of My Life, Trial, p. 80 (April 1997).

Wendy Kaminer, It’s All the Rage, Trial, p. 85 (September 1995).

David Von Drehle, Among the Lowest of the Dead: The Culture of Death Row, New York Law Journal, p. 2 (May 16, 1995).

Martin Friedland, The Death of Old Man Rice, Trial, p. 90 (March 1995).

Hans Zeisel, The Limits of Law Enforcement, 33 Journal of Legal Education 745 (1983).

Abscam Ethics: Moral Issues and Deception in Law Enforcement (M. Caplan ed.), 52 George Washington Law Review 166 (1983).

Other Published Articles

"The Eyewitness Conundrum," 81 New York State Bar Journal 24 (2009).

"The Most Dangerous Power of the Prosecutor," 29 Pace Law Review 1 (2008).

"Justices Go Hollywood," National Law Journal, p. 27 (August 1, 2007).

"The AG and the Death Penalty: Challenges to Justice," Broward Daily Business Review , June 25, 2007, at 5 (with Joel Cohen) (reprinted in Miami Daily Business Review, p. 5 (June 25, 2007) and Palm Beach Daily Business Review, p. 5 (June 25, 2007).

"Challenges to Justice," National Law Journal , p.23 (June 18, 2007)(with Joel Cohen).

"Goal of Innocence Commission to Prevent Unlawful Imprisonment,"  Journal News (Westchester County), p. 4B (June 10, 2007).

"Anti-Immigrant Hysteria is Not a New Phenomenon," Journal News (Westchester County, N.Y.), p. 4B (May 5, 2007).

"DA in Duke Case Violated Rules," Broward Daily Business Review, p. 5 (February 26, 2007) (with Joel Cohen) (reprinted in Miami Daily Business Review, p. 5 (February 26, 2007) and Palm Beach Daily Business Review, p. 5 (February 26, 2007).

"Latest Exoneration Proves Experts' Lack of Credibility," Journal News (Westchester County, N.Y.), p. 6B (January 31, 2007).

"Independent Labs Are Best," National Law Journal, June 14, 2004.

"Bush Will Lose ‘Presidential Power’ Cases," Gannett Journal News, June 13, 2004.

"Prosecutors Tell Lies, Too," National Law Journal, March 22, 2004.

"The Spin, Confidentially," National Law Journal, July 21, 2003.

"Prosecutorial' Turf War," the National Law Journal, p. A36 (November 18, 2002).

"Now You See It, Now You Don’t: Depublication and Nonpublication of Opinions Raise Motive Questions," 73 New York State Bar Journal 36 (2001)[reprinted in The Champion, p. 20 (June 2002)].

"Misconduct By Prosecutors," Criminal Defense Online Weekly (May 17, 2002).

"The Election and the Supreme Court," The Reporter Dispatch (October 15, 2000).

"Burdening Constitutional Rights," Criminal Justice Journal, p. 51 (Summer, 2000).

"Use of Race in “Stop-and-Frisk”, 72 New York State Bar Journal 42 (2000).

"Busing and Desegregation," National Law Journal, p. A24 (October 18, 1999).

"Race and Justice in Great Britain," New York Law Journal, p. 2 (March 11, 1999).

"Lie Detection: The Supreme Court’s Polygraph Decision," 70 New York State Bar Journal 34 (1998).

"Defining Perjury Can Be Very Complex," The Reporter Dispatch (October 4, 1998).

"Prosecutorial Interference with Judicial Independence," New York Law Journal, p.2 (April 8, 1998).

"Perverting the First Amendment," New York Law Journal, p. 2 (January 8, 1998).

"Judicial Interference with Effective Advocacy by the Defense," 33 Criminal Law Bulletin 424 (1997).

"When Enough Is Enough," New York Law Journal, p. 2 (November 6, 1997).

"Jurors Who Nullify," New York Law Journal, p. 2 (June 12, 1997).

"Charging Crime: A Postscript," New York Law Journal, p.2 (May 22, 1997).

"Prosecuting Prosecutors," New York Law Journal, p. 2 (December 20, 1996).

"Race, Crime and Punishment in New York," New York Law Journal, p. 2 (April 24, 1996).

"The Governor's Misguided Attempt to Change the Exclusionary Rule," New York Law Journal, p.2 (February 5, 1996).

"It's All the Rage: Crime and Culture," 31 Trial 85 (September 1995).

"Judicial Conservatism," New York Law Journal, p. 2 (June 21, 1995).

"Prosecutorial Misconduct in Presenting Evidence – Backdooring Hearsay," 31 Criminal Law Bulletin 99 (1995).

"Forfeiture and the Constitution," New York Law Journal, p. 1 (January 11, 1994).

"Federal-State Debate Put in Perspective," The Reporter Dispatch (February 2, 1995).

"Second Circuit Evidentiary Ruling Includes a Caution to Prosecutors," New York Law Journal, p. 1 (April 1, 1994).