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 New Mexico, as in other states, the criminal justice system has experienced a tension between judicial discretion and mandatory minimum sentencing laws. While judges traditionally had the authority to consider a wide range of factors when determining sentences, mandatory minimum sentencing laws have been enacted that require fixed sentences for certain offenses, particularly drug-related crimes. These laws limit a judge's ability to tailor sentences based on the individual circumstances of a case. However, at the federal level, the Federal Sentencing Guidelines provide a framework for sentencing that is advisory rather than mandatory. Judges in federal courts must consider these guidelines but are not bound by them. When deviating from these guidelines, federal judges are required to provide an explanation for their decision to impose a sentence that is either above (an upward departure) or below (a downward departure) the recommended range. It's important to note that while New Mexico state courts are not directly governed by the Federal Sentencing Guidelines, the state's own statutes may have similar provisions that guide judicial sentencing decisions, and federal mandatory minimums may apply to certain federal crimes prosecuted in New Mexico.