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Some choice quotes from the two opinions in Oregon v. Ice

By Douglas A. Berman

For reasons I will explain in future posts, the Supreme Court's work today in the Apprendi-Blakely Sixth Amendment case of Oregon v. Ice (basics here) is fascinating, surprising and ultimately disappointing.  Before I get to hard-core commentary, however, it is useful to pull out the key quotes from the two opinions. Let's start with the majority opinion, authored by Justice Ginsburg: The question here presented concerns a sentencing function in which the jury traditionally played no part: When a defendant has been tried and convicted of multiple offenses, each involving discrete sentencing prescriptions, does the Sixth Amendment mandate jury determination of any fact declared necessary to the imposition of consecutive, in lieu of con-current, sentences?...continue to full post

Full post as published by Sentencing Law and Policy on January 14, 2009 (boomark / email).