Should we still be free from self incrimination?

Question

did you do it?
I take the fifth!
It is on TV, in movies all the time.
it is a yes or no question and the only real reason not to answer is because the answer is:
yes!
But should criminals be allowed this?
an innocent man cannot answer yes.
if guilty were not allowed to 'not self-incriminate' would not our system be better off. you can have your lawyer from the get go. and all of your conversations will be video taped for evidence.
an innocent man will easily be ble to talk openly with his lawyer and a guilty one would be in deep, youknowwhat, if he did!
an innocent man would be able to therefore mount a reaonable defense.
If a guilty man could not help his lawyer and therefore be convicted, it seems better, as law's goal IS to convict the guilty!
I understand the reason so that they cannot 'beat it out of you' and you confess just to save your a$$ at that moment, but that happens anyway.
why not make the cops who do something like that pay the price along with this new way

Answer 1

The difficulty in answering yes and no questions is not so much the specific question and the honest answer, but the implications of that answer. The only way to respond is to give the correct answer, and then have the defense attorney cross examine for the full explanation. Do you like chocolate ice cream? Yes or no. The asnwer does not imply that you do not like vanilla. So it is with personal and embarrassing questions too. It is the implication of the answer that is the problem.

Answer 2

Yes.