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 Delaware, as in many states, the criminal justice system has experienced a shift from traditional discretionary sentencing to a more structured approach due to the implementation of mandatory minimum sentences for certain offenses. These mandatory minimums require judges to impose a predetermined minimum sentence for specific crimes, particularly drug offenses, as well as certain gun, pornography, and economic crimes, thereby limiting judicial discretion. However, Delaware judges still retain some discretion in sentencing for crimes that do not carry mandatory minimums. 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 mandatory, federal judges in Delaware must consider them and provide justification for any departure from the recommended sentencing range. This ensures that while judges can account for the unique circumstances of each case, they must also adhere to a standardized sentencing policy, promoting fairness and reducing disparities in sentencing.