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 Mississippi, as in other states, the criminal justice system has historically granted judges the discretion to consider a wide range of factors when determining sentences for convicted individuals. However, both federal law and some state statutes have implemented mandatory minimum sentences for certain offenses, particularly drug-related crimes, as well as specific gun, pornography, and economic offenses. These mandatory minimums restrict a judge's ability to tailor sentences based on the unique circumstances of each case. At the federal level, the Federal Sentencing Guidelines provide a framework for sentencing consistency across the federal court system. While these guidelines are advisory rather than compulsory, federal judges are required to consider them and must justify any deviations from the recommended sentencing range. In cases of upward or downward departures from the guidelines, judges must articulate the reasons for their sentencing decisions. It's important to note that while Mississippi may have its own sentencing guidelines and mandatory minimums for certain state-level crimes, federal guidelines and mandatory minimums would apply in federal cases prosecuted in Mississippi.