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 Hawaii, as in other states, the criminal justice system has been influenced by the trend of imposing mandatory minimum sentences for certain offenses. These mandatory minimums are fixed sentences that judges must impose for specific crimes, often related to drug offenses, firearms, and other serious crimes. While judges traditionally had the discretion to consider a wide array of factors when sentencing, mandatory minimums limit this discretion for certain crimes. However, for federal cases, the Federal Sentencing Guidelines provide a framework for sentencing that judges in Hawaii must consider, although they are not strictly bound by them. These guidelines aim to ensure consistency and fairness in federal sentencing. Judges are required to calculate the guideline range and consider it when sentencing, but they can depart from the guidelines if they provide clear reasons for doing so, either with an upward or downward departure. It's important to note that while federal guidelines influence federal court proceedings, state-level offenses are governed by Hawaii's own statutes and sentencing guidelines.