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 New Jersey, as in other states, the criminal justice system has experienced a tension between judicial discretion and mandatory minimum sentencing laws. Mandatory minimum sentences require judges to impose a predetermined minimum length of incarceration for certain offenses, particularly drug offenses, specific gun crimes, and certain other types of crimes. These laws limit a judge's ability to consider the unique circumstances of each case when determining a sentence. However, the Federal Sentencing Guidelines, which apply to defendants convicted in federal courts, offer advisory sentencing ranges rather than binding mandates. While New Jersey judges must consider these guidelines in federal cases, they are not strictly bound by them and may deviate if they provide clear and specific reasons for doing so, whether for an upward or downward departure from the suggested range. It's important to note that state-level sentencing in New Jersey will be governed by state statutes and case law, which may include its own mandatory minimum sentencing provisions for certain state crimes.