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Mandatory minimums are fixed minimum sentences that a judge is required to impose upon a defendant who is convicted of certain crimes. These sentencing requirements are established by legislation and vary depending on the jurisdiction and the specific offense.  Mandatory minimum sentences are designed to ensure a uniform and consistent punishment for certain offenses, typically those involving drugs, firearms, or repeat offenders.

Established by law:

Mandatory minimum sentences are determined by the legislature, not the judiciary. This means that judges have limited discretion when it comes to imposing a sentence for a crime with a mandatory minimum.

  1. Applies to specific offenses:
    Mandatory minimums are usually applied to certain crimes that lawmakers have deemed particularly serious or deserving of severe punishment. In the United States, mandatory minimums are most commonly associated with Identity Theft, drug offenses (such as drug trafficking or possession of large quantities of drugs), firearms offenses, and certain violent or sexual crimes.
  2. Limited judicial discretion:
    When a mandatory minimum sentence applies, judges have limited discretion to consider individual circumstances of the defendant or the offense. This means that the judge must impose at least the minimum sentence required by law, even if they believe that a lesser sentence would be more appropriate in light of the specific facts of the case.
  1. Can result in harsh sentences:
    Mandatory minimums can sometimes lead to harsh and disproportionate sentences, particularly in cases where the defendant is a first-time or nonviolent offender. This has led to criticism of mandatory minimums, with opponents arguing that they result in unjust outcomes and contribute to prison overcrowding.
  2. Impact on plea bargaining:
    Mandatory minimum sentences can also influence the plea bargaining process. Since defendants know that a conviction at trial may result in a mandatory minimum sentence, they may be more likely to accept a plea deal from the prosecution that offers a lesser sentence in exchange for a guilty plea.

In the United States, federal mandatory minimum sentences are influenced by the United States Sentencing Guidelines.
However, the guidelines are advisory rather than mandatory, meaning that judges may consider the guidelines when determining an appropriate sentence but are not required to adhere to them strictly.
In some cases, judges may depart from the guidelines to impose a sentence that is either more or less severe than the guideline range, as long as the sentence still meets the mandatory minimum requirements.

In summary, mandatory minimums are fixed minimum sentences established by law that judges must impose for certain offenses.
They limit judicial discretion and are intended to ensure consistent punishment for specific crimes.
Mandatory minimums have been a subject of debate and criticism, with opponents arguing that they can lead to unjust and disproportionate sentences.

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