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 West Virginia, 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 introduced 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 impose 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 take them into account and must articulate their reasons for deviating from the recommended sentencing range, whether imposing a harsher (upward departure) or more lenient (downward departure) sentence. It's important to note that while West Virginia may have its own sentencing guidelines and statutes, federal mandatory minimums and the Federal Sentencing Guidelines apply to cases prosecuted in federal courts, which can include cases from West Virginia.