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 North Carolina, 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, which limit judicial discretion by setting fixed minimum terms of imprisonment 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 in federal courts. While 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 consult these guidelines and take them into account when sentencing. If a judge decides to impose a sentence that deviates from the guidelines, known as an upward or downward departure, they must provide an explanation for this decision. North Carolina state courts must also follow state-specific sentencing guidelines and statutes, which may include mandatory minimum sentences for certain state-level offenses.