Sample Coursework paper on Going Federal

The Fifth Amendment provides that a witness has the right not to answer the questions if he or she believes the questions may incriminate him or her. In this case Mr. Atmee has a right not to answer the questions with a testimonial privilege to remain silent when faced with the questions. Mr.Atmee refusing to answer the questions will not will not waive his rights as a defendant would do if he began to answer the questions. However the court has the ability to compel Mr. Atmee to answer the questions and to testify through a subpoena. In case a subpoena is issued Mr. Atmee has no other option that to honor it and answer the questions and if he does not he may be punished by a fine, imprisonment or both.

However, the court cannot compel Mr. Atmee to answer all the questions directed to him. He has the right not to answer the questions that may include self-incriminating evidence by claiming protection under the Fifth Amendment. If Mr. Atmee is married to a person involved in the case, the court cannot compel him to answer the questions.

Mr. Atmee should be compelled to answer some questions and not all. A subpoena should be issued by the court where he is required to answer the questions but also has a right to refuse answering some questions by claiming the Fifth Amendment if he feels answering the questions may incriminate him. Questions he cannot be compelled to answer may include the question he is asked if he knows the person in the photo and the one he asked to ask for a gun and cash.