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 Idaho, as in many states, the criminal justice system has evolved to include both discretionary sentencing and mandatory minimum sentences for certain offenses. While judges traditionally had the latitude to consider a wide array of factors when determining sentences, mandatory minimum sentencing laws now require them to impose fixed sentences for specific crimes, particularly drug offenses and certain violent or sexual crimes. These laws limit judicial discretion by setting a minimum term of imprisonment that must be served. At the federal level, the Federal Sentencing Guidelines provide a framework for sentencing, which judges are required to consider, though they are not strictly bound by them. If a federal judge chooses to deviate from these guidelines, they must provide an explanation for either an upward or downward departure in the sentence. In both state and federal courts, these sentencing structures aim to promote consistency and fairness, while also addressing public concerns about crime and punishment.