A person who has been formally arrested is under Miranda custody. As a result, such a person should not be compelled to be a witness against himself. Miranda warnings were mainly made to alleviate pressures related to custody and interrogation. Thus, a person who has been formally arrested for one crime should be given Miranda warnings before questioning him about another offense due to various reasons. First, the suspect is already under custody. As a result, the interrogation is not made for identification purposes. He has been formally arrested, and therefore he qualifies to be under Miranda custody. As a result, this person has the right to the fifth amendment of Miranda warnings.  The pressure of the situation can make the suspect to make statements which can be used against him in the case.

The police should give the Miranda warnings prior to questioning the formally arrested suspect about another crime. Failure to do this will amount to the violation of the Fifth Amendment right of the suspect. Due to the compelling pressures of the custodial interrogation, the suspect should be advised of his right to remain silent during the interrogation and the presence o a trial. This person has already been formally arrested, and his freedom is restricted. Additionally, he is awaiting trial. This implies that the information the person gives during the interrogation by the police can be used against him in the subsequent trial. Thus, he should be protected from being a witness against himself. He has the right to be given the Miranda warnings prior to the interrogation, to alleviate the pressure which can cause him to provide information which may be used against him in the current case.

Although this person will be interrogated on a crime different from the one for which he was arrested, this does not imply that he should be treated as a different person. Additionally, the suspect is aware that his freedom is restricted. As a result, this person should be given the Miranda warning, where he can opt to remain silent. Additionally, he should also be made aware that any information he will present during the interrogation will be used against him during a court of law. This will enable the suspect to feel free to determine whether to respond to the investigation or remain silent. It is the right of the person to be given the Miranda warning because he has been officially arrested, and the questioning will not be indented for identification purposes. The main aim of custodial interrogation is to gain information which will be used against the suspect during the trial. Thus, this person should be advised on his Miranda rights so that he is not overwhelmed by the pressure from the situation and interrogation.

In this case, there are two crimes under investigation. For one of the offenses, the suspect has already been arrested. Thus, although the offense for which the police want to interrogate him is unrelated to the first one, this does not make the person free. He is still under custody. Additionally, the suspect has not yet been tried, and the investigations are still going on.  This implies that any questioning done by the police on the already arrested person is made to gather more information to be used against the suspect during the trial. Thus, the already officially detained person should be given the Miranda warnings prior to the interrogation, as stated in the fifth amendment of the constitution. He should not be compelled to be a witness against himself, by responding to the investigation of the police.

 
Do you need high quality Custom Essay Writing Services?