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 Oklahoma, as in other states, the criminal justice system has experienced a shift from traditional discretionary sentencing to a more structured system due to the implementation of mandatory minimum sentences for certain offenses. These mandatory minimums are predetermined periods of incarceration that a judge must impose for specific crimes, particularly drug offenses, as well as some gun, pornography, and economic crimes. This limits a judge's ability to consider the individual circumstances of a case when determining a sentence. However, at the federal level, the Federal Sentencing Guidelines provide a framework for sentencing that judges in federal courts are required to consider, though they are not strictly bound by them. Judges must take these guidelines into account and, if they choose to depart from them, they must provide an explanation for either an upward or downward departure in the sentence. This system aims to ensure consistency and fairness in federal sentencing, while still allowing for judicial discretion in consideration of the unique aspects of each case.