If you could commit one crime and it would forever thereafter cease to exist..

[kingofthepirates]

If you had a guaranteed way of establishing guilt or innocence that could only be prevented by the 5th amendment I don't see the 5th amendment lasting. Why it exists at all has always been something of a mystery to me

The 5th amendment was not created to establish guilt or innocence. By my understanding (having just gone through AP gov), it was created to protect people's rights and to preserve constitutional values. according to this source (https://constitution.congress.gov/browse/essay/amdt5-4-3/ALDE_00000865/):

"The Court has settled upon the principle that the [5th amendment] serves two interrelated interests: the preservation of an accusatorial system of criminal justice, which goes to the integrity of the judicial system, and the preservation of personal privacy from unwarranted governmental intrusion."

I think both are valid reasons, and the overall protection and consistency of constitutional ideals should be protected. The 5th amendment would certainly stay, and possibly be even more strict/strictly enforced in a new world without perjury. again, this isn't totally an issue of guilt/innocence, it's about constitutional principles.

[Octavious]

I think both are valid reasons, and the overall protection and consistency of constitutional ideals should be protected.

How does it preserve an accusatorial system? It sounds impressive and all, but when I think about it I can't for the life of me imagine how it would actually do that. Indeed, the ability to ignore the accusations seems to be very much opposed to the successful working of such a system

As for government intrusion, as the only question would be along the lines of "did you do it?", clearly there is no unwarranted intrusion whatsoever.

In England you take an oath to tell the truth, and the whole truth. Taking the 5th, if it were possible here, would violate that oath and make you an oath breaker. Might as well just hang them there and then