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 York, as in other states, the criminal justice system has experienced a tension between judicial discretion and mandatory minimum sentencing laws. Mandatory minimums require judges to impose predetermined sentences for certain crimes, often related to drug offenses, weapons charges, and other specific categories of crime. These laws limit a judge's ability to tailor sentences based on the unique circumstances of each case. However, New York State has seen reforms aimed at reducing the impact of mandatory minimums, particularly for non-violent drug offenses, allowing for more judicial discretion in sentencing. At the federal level, the Federal Sentencing Guidelines provide a framework for sentencing in federal courts. While these guidelines are advisory rather than mandatory, federal judges must consider them and provide an explanation if they choose to depart from the recommended sentencing range, whether imposing a harsher (upward departure) or more lenient (downward departure) sentence. The goal of these guidelines is to ensure consistency and fairness in federal sentencing, while still allowing for some judicial discretion.