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 Alaska, as in other states, the criminal justice system has been influenced by both state statutes and federal laws regarding sentencing. While judges traditionally had the discretion to consider various factors when determining sentences, the introduction of mandatory minimum sentences has limited this discretion for certain offenses. Mandatory minimum sentences require judges to impose a predetermined minimum sentence for specific crimes, particularly drug offenses, as well as certain gun, pornography, and economic crimes. At the federal level, the Federal Sentencing Guidelines provide a framework for sentencing consistency across the federal court system. Although these guidelines are advisory rather than mandatory following the U.S. Supreme Court decision in United States v. Booker (2005), judges are still required to consider them and must justify any departures from the recommended sentencing range. In Alaska, judges must balance the use of these guidelines with state laws when determining sentences, ensuring that the imposed sentence is in accordance with both state and federal requirements.