Oregon v. Ice (2008)
- Docket
- 07-901
- Decided
- 2008-01-01
Summary
Question: Do consecutive sentences imposed upon a criminal defendant based on factual findings made by a judge, rather than jury, violate the Sixth Amendment of the United States Constitution? Conclusion: No. In a 5-4 decision with Justice Ruth Bader Ginsburg writing for the majority and joined by Justice John Paul Stevens, Justice Anthony M. Kennedy, Justice Stephen G. Breyer, and Justice Samuel A. Alito, the Supreme Court held that the Sixth Amendment does not prevent states from assigning to judges rather than to juries fact finding responsibilities necessary to imposing consecutive sentences on criminal defendants. The Court drew its reasoning from the historical record. Since the nation's founding, judges have served in this capacity. Additionally, the Court reasoned that judges serving in this capacity do not infringe upon the traditional responsibilities of a jury in a criminal trial. Justice Antonin G. Scalia dissented and was joined by Chief Justice John G. Roberts, Justice David H. Souter, and Justice Clarence Thomas. Justice Scalia argued that in Mr. Ice's case, the Court's opinion in Apprendi should control. There, the Court was clear that any fact finding necessary to the enhancement of a criminal sentence must be done by the jury.