[PowderMonkey]

"The rights were always there, the decision was that the police had to WARN you that you had those rights before they started asking you questions."

Up to the point where they say "you are under arrest," they can ask you anything they want, and your answers can indeed be used against you in court. Miranda begins with the specific wording "You are under arrest." No arrest? No need to Mirandize. So this judge supposedly shows up in the perp's hospital room to Mirandize him? Who arrested him? Obviously not the FBI.

[allmendream]

My beef is with the idea that the Judge GAVE the suspect rights, AND with the notion that these are “Miranda rights”. They are natural rights, guaranteed by the Constitution, and according to the Miranda decision they have to WARN you that you have those rights. It is the Miranda WARNING not Miranda rights. And those rights cannot be given or withheld by any Judge or Police Officer. They can fail to WARN you of your rights upon arrest - making anything you tell them inadmissible in court according to the Miranda decision - but they cannot give/withhold rights.

[Paladin2]

I think the boat shooters arrested him.