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 Virginia, as in many states, the criminal justice system has evolved to include both discretionary sentencing and mandatory minimum sentences. Mandatory minimum sentences are fixed prison terms set by law for certain offenses, which judges must impose regardless of the individual circumstances of the case. These are often applied to specific drug offenses, as well as certain crimes involving firearms, pornography, and economic offenses. Virginia's statutes outline various crimes that carry mandatory minimum sentences. On the federal level, the Federal Sentencing Guidelines provide a framework for sentencing in the federal court system. While these guidelines are advisory rather than mandatory following the U.S. Supreme Court's decision in United States v. Booker (2005), federal judges in Virginia and elsewhere 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.