Comment Re:Not actually a paradox (Score 1) 452
It's to prevent prosecutors from stacking perjury charges on top of any other charge unless the victim confesses.
Essentially without the 5th amendment you end up with a scenario where the most logical choice for anyone accused of a crime is to confess, unless they're accused of a crime more serious than perjury. In the case of everyone else the scenarios play out like this:
If you are innocent
If you confess you will face a small punishment for a crime you did not commit. If you refuse to testify or plead innocent but are then found guilty (possibly due to corruption or a bad trial), you face the ADDITIONAL penalty for perjury or obstruction of justice, and go to jail for that too.
If you are guilty, but there are mitigating circumstances or facts you wish to have revealed during your trial
If you confess you lose your chance to make your case in court. If you plead innocent or refuse to testify you might get to make your case, but you'll be hit with a charge for not answering if they do find you guilty.
You are completely guilty
Confession gets you a guaranteed sentence for the crime you committed. Refusal to confess risks that crime plus the extra charges, unless you get off on a technicality in which case you are completely free.