Mandatory minimum sentencing is the use of a set of guidelines that determines sentencing of individuals designed by a sentencing commission. The guidelines are rather rigid and take away from the leniency that judges may be able to impose. Nir and Lou (2022) discuss how in recent decades the use of these sentencing guidelines has become very prominent in both federal and state systems. Some jurisdictions may permit a judge to depart from these guidelines while certain states give little to no leeway for alternative sentencing. There are a variety of negative consequences that can arise from the use of mandatory minimum sentencing as well. Negative consequences associated with mandatory minimum sentencing include exacerbating mass incarceration, shifting judicial sentencing discretion from judges to less neutral court actors, draining financial resources, reducing proportionality and fairness in sentencing, and drastically curtailing judicial discretion (Nir and Lou, 2022).
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