Oregon Public Broadcasting

After years of having their hands tied by strict sentencing guidelines, Oregon’s judges were granted more discretion Wednesday. Kristian Foden-Vencil explains.

The extra discretion stems from a 5-to-4 U.S. Supreme Court ruling in the case of Thomas Eugene Ice.

He broke into a woman's apartment; stole her belongings; and sexually abused her daughter -- twice. Ice was sentenced for each burglary and each instance of abuse.

The judge ordered the sentences run one after the other -- rather than all at the same time.

Becky Duncan, of the Oregon Public Defenders' Office, argued that it should be the jury that decides on consecutive sentences -- not the judge.

Becky Duncan: "We are disappointed with the outcome. We do of course agree with the dissent. As Scalia points out the majority opinion deviates from the courtís prior cases, holding that the juryís role is to find all the facts necessary to impose a punishment."

The ruling effectively takes sentencing power away from a jury and gives it to the judge. Oregon's attorney general called the case a big win for law enforcement.