Understanding Mandatory Minimum Sentences in Federal Cases

Understanding Mandatory Minimum Sentences in Federal Cases

Mandatory minimum sentences are a big deal in federal criminal cases. They set a minimum number of years someone has to spend in prison if convicted of certain crimes – judges can’t go lower than the mandatory minimum, even if they want to. These laws are passed by Congress, not set by judges. Mandatory minimums mostly apply to drug crimes, but also some gun crimes, child porn, and fraud. They’re controversial because they take power away from judges to decide sentences based on all the facts.

Lots of people think mandatory minimums are unfair and lead to overly harsh punishments. They say judges should look at everything about the case and the defendant, not be forced to give a certain sentence no matter what. The laws also hurt minorities more. But supporters say mandatory minimums give consistent punishments and keep dangerous criminals locked up.

How Mandatory Minimums Work

Here’s a quick example: Let’s say Congress passes a law saying anyone convicted of selling 50 grams of heroin has a 5-year mandatory minimum sentence. That means if someone is caught with 50 grams of heroin and found guilty, the judge has to sentence them to at least 5 years in prison – no exceptions. Even if it was a first offense or the person has major family responsibilities, the judge cannot go lower than 5 years.

In the federal system, mandatory minimums interact with another set of rules called the Sentencing Guidelines. The Guidelines provide a range of recommended sentences based on the crime, criminal history, and other factors. But if there’s a mandatory minimum that’s higher than the Guidelines recommend, the mandatory minimum trumps the Guidelines and sets the floor for the sentence. Judges have some flexibility to go above the mandatory minimum, but not below it.

Mandatory Minimums for Common Federal Crimes

Here are some examples of federal mandatory minimum sentences:

• Drug trafficking (depends on drug type and weight): 5-10 years
• Possession of 28g of crack cocaine: 5 years
• Possession of firearm during drug trafficking: 5 years (first offense), 25 years (additional offenses)
• Possession of child pornography: 5 years
• Aggravated identity theft: 2 years

As you can see, drug offenses tend to have the most mandatory minimums. The specific threshold amounts that trigger the minimums are laid out in federal law (see the Controlled Substances Act and USSC primer).

Criticisms of Mandatory Minimums

Mandatory minimum sentences are controversial. Here are some common criticisms:

• They transfer power from judges to prosecutors – prosecutors can basically determine the sentence through the charges they file.
• They result in overly harsh punishments that don’t fit the crime.
• They disproportionately impact minorities.
• They have led to overcrowded prisons and high taxpayer costs.
• They undermine judicial discretion and individualized justice.

Supporters argue that mandatory minimums provide consistency, predictability, and truth in sentencing. They believe mandatory minimums incapacitate dangerous offenders. But there is increasing bipartisan support for reforming or eliminating some mandatory minimums.

Avoiding Mandatory Minimums

There are a few ways mandatory minimum sentences can be avoided:

• Prosecutors can decline to charge offenses carrying mandatory minimums.
• Defendants can cooperate and provide “substantial assistance” to prosecutors, allowing judges to go below mandatory minimums.
• The “safety valve” provision allows some drug offenders with minor criminal histories to be sentenced below mandatory minimums.
• The First Step Act made the Fair Sentencing Act retroactive, reducing some mandatory minimums for crack cocaine offenses.

But in general, if prosecutors choose to charge crimes with mandatory minimums, judges cannot impose a lower sentence barring one of those exceptions.

Mandatory minimums have shaped federal sentencing for decades. While views on them vary, understanding how they work is crucial for anyone facing federal criminal charges.

References

[1] CRS Report on Mandatory Minimum Sentences
[2] Federal Mandatory Minimum Sentencing
[3] FAMM Sentencing 101
[4] Leadership Conference on Civil Rights
[5] USSC Overview of Mandatory Minimums
[6] USSC Topic Page on Mandatory Minimums