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by jaggederest
3445 days ago
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Well, the fifth element as a whole has a number of provisions. The popular clause against self-incrimination is but one of them. It's mostly to prevent the incentive to apply pressure to the citizenry via torture or harassment. (Parenthetically, we just harass witnesses instead now) "The history of this clause is interesting. In England, it was permissible at one point to force a confession, and this at times included torture. Our founders realized this was wrong, and so they added this clause." http://libertyfirstfl.org/2013/06/why-do-we-have-the-fifth-a... |
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