I know that you are agreeing with me, but I do see a valid argument against mine. If it only goes to frame of mind and not guilt, it could be a decent argument.
It still verges on self-incrimination. I’ll take another look.
The Fifth Amendment was designed solely to ensure that the European court system would not be used where the defendant is presumed guilty until proven innocent. In many parts of Europe the defendant was required to take the stand in his defense and prove his innocence. Failure to take the stand would be tantamount to pleading guilty.
The fifth amendment was never intended to be a protection against having your own out of court statements brought up in court. It was the Earl Warren Court that made it mandatory that before you confess you have to be advised of your right to keep your mouth shut. That was a really stupid decision and was way out of line with the intent of the founders.
Yet here we are on Free Republic with the majority of Freepers arguing that the Miranda Decision IS THE FIFTH AMENDMENT!
Warren used the same bastardization of the law to justify that decision that the Berger Court used to justify Roe v. Wade and the Roberts Court used to justify Obamacare.