Criminal justice systems in the United States—in both state and federal courts—traditionally allowed judges to consider all of the facts and circumstances of a case to determine a convicted defendant’s appropriate sentence. But the United States Congress and many state legislatures have passed laws that force judges to give fixed jail or prison terms (mandatory minimum sentences) to persons convicted of certain crimes—often drug offenses, but also certain gun, pornography, and economic crimes.

For example, the Federal Sentencing Guidelines are non-binding rules that provide a uniform sentencing policy for defendants convicted of crimes in the United States federal court system. The Federal Sentencing Guidelines are not mandatory, but judges must consider them when determining a criminal defendant’s sentence—and when a judge exercises discretion and departs from the Guidelines, the judge must explain what factors warranted the increased or decreased sentence—known as an upward departure or a downward departure.

In Florida, as in many states, the criminal justice system has evolved to include both judicial discretion and mandatory minimum sentences. Mandatory minimums are fixed sentences prescribed by law for specific offenses, which judges are required to impose regardless of the individual circumstances of the case. These are often applied to drug offenses, as well as certain gun, pornography, and economic crimes. While judges in Florida state courts must adhere to these mandatory minimums for certain crimes, they retain discretion in other cases to consider the facts and circumstances to determine an appropriate sentence. At the federal level, the Federal Sentencing Guidelines provide a framework for sentencing in the federal court system. Although these guidelines are advisory rather than mandatory, federal judges must consider them and provide an explanation if they choose to depart from the recommended sentencing range, whether imposing a harsher (upward departure) or more lenient (downward departure) sentence. It's important to note that the Supreme Court's decision in United States v. Booker made the Federal Sentencing Guidelines advisory, not mandatory, allowing judges more discretion while still holding them to the standard of reasonableness in their sentencing decisions.