{"id":352286,"date":"2024-01-02T16:18:47","date_gmt":"2024-01-02T21:18:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/mandatory-sentences-uniformity-and-consistency.html"},"modified":"2024-01-02T16:18:47","modified_gmt":"2024-01-02T21:18:47","slug":"mandatory-sentences-uniformity-and-consistency","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/mandatory-sentences-uniformity-and-consistency.html","title":{"rendered":"Mandatory Sentences, Uniformity, and Consistency"},"content":{"rendered":"\n
\n \n
\n

Mandatory Sentences, Uniformity, and Consistency<\/h1>\n
\n
\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Criminal penalties and sanctions vary between state jurisdictions. For example, some states allow the death penalty. Others’ most severe punishment is a life sentence. Similarly, mandatory minimum sentencing laws vary between the states. Mandatory minimum penalties are uniform at the federal level.<\/p>\n\n <\/div>\n\n

Some state and federal criminal laws carry mandatory sentences. These require judges to impose identical sentences<\/a> on anyone convicted of an offense.<\/p>\r\n

Most crimes do not carry mandatory sentences. If sentencing isn’t mandatory, judges may have wide discretion in sentencing. This allows them to "fit the punishment to the offender" rather than "fit the punishment to the crime." It also allows them to consider mitigating and aggravating factors<\/a> in sentencing.<\/p>\r\n

This article discusses criminal punishment and sentencing in the criminal justice system. It then covers mandatory minimum sentences and how sentencing has evolved over time. It also discusses the controversy over mandatory minimum sentences.<\/p>\r\n

Approaches to Punishment and Sentencing<\/h2>\r\n

Competing theories about criminal justice fuel the different approaches to sentencing and punishment<\/a>. Some approaches focus on a punishment’s severity. Others focus on the punishment’s objective. Theories of criminal punishment include the following:<\/p>\r\n