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The Rule Of Non-Contradiction In International Extradition Proceedings: A Proposed Apporach To The Admission Of Exculpatory Evidence, Jacques Semmelman

Fordham International Law Journal

The Gonzalez case is the latest in a growing series of cases that chip away at the Rule of Non-Contradiction. The case, for all practical purposes, entailed a trial on the merits before the extradition magistrate. This Article takes issue with Gonzalez and other cases that erode the Rule of Non-Contradiction. Recognizing the fairness concerns that motivate deviation from the Rule, this Article proposes a modification to it. Specifically, this Article proposes that courts adopt an approach similar to that used in civil cases for deciding a motion for summary judgment. If the accused's evidence is such that no reasonable …