Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Oregon v. Ice

  • Decided on January 14, 2009.
  • Background: Thomas Ice was convicted of burglary and sexual abuse when he entered a neighbor’s apartment and sexually abused one of their children. Ice was ultimately convicted on six offenses and Oregon law states that sentences imposed for multiple crimes must be concurrent, unless the offenses arose out of separate instances or resulted in separate harms. The judge found that the convictions arose out of separate instances and ordered consecutive sentences. But Ice argued that a sentence determination that results in a longer sentence must be based on a jury’s factual findings, not a judge’s.
  • Holding: The Court held that the Sixth Amendment does not prohibit states from allowing judges, not juries, to find the facts necessary to impose consecutive sentences.



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