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 York, as in other states, the criminal justice system has experienced a tension between judicial discretion and mandatory minimum sentencing laws. Mandatory minimums require judges to impose predetermined sentences for certain crimes, particularly drug offenses, as well as specific gun, pornography, and economic 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 in the federal court system, offer a set of advisory sentencing policies that aim to ensure consistency across different cases. While these guidelines are not compulsory, federal judges in New York must take them into account and provide an explanation if they choose to deviate from the recommended sentencing range, whether imposing a harsher (upward departure) or more lenient (downward departure) sentence. It's important to note that state courts in New York are not bound by the Federal Sentencing Guidelines, but they do have their own state sentencing guidelines and laws that may similarly restrict or guide judicial discretion.