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 Massachusetts, as in other states, the criminal justice system has experienced a tension between judicial discretion and mandatory minimum sentencing laws. Mandatory minimum sentences require judges to impose a predetermined minimum length of incarceration for certain offenses, particularly drug-related crimes, specific gun offenses, and other designated felonies. 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 federal courts, including those in Massachusetts, are advisory rather than mandatory. This means that while judges in federal cases must consider these guidelines, they are not bound to follow them strictly. Judges can deviate from the recommended range, but they must provide clear reasons for either an upward or downward departure from the guidelines. This system aims to balance the need for consistency and fairness in sentencing with the recognition that each case may present unique factors that warrant individual consideration.