Mandatory sentencing

Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into consideration when sentencing. Research shows the discretion of sentencing is effectively shifted to prosecutors, as they decide what charges to bring against a defendant. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. They can be applied to crimes ranging from minor offences to extremely violent crimes including murder.

Mandatory sentences are considered a "tough on crime" approach that intend to serve as a general deterrence for potential criminals and repeat offenders, who are expected to avoid crime because they can be certain of their sentence if they are caught.^[1] However, studies have shown that the effects of mandatory sentencing are mixed, and that in some cases crime increases following their implementation. Mandatory sentencing is not cost-effective compared to other methods of reducing crime, and has been found to disproportionately impact Indigenous peoples and other minorities in several countries. In the United States, several mandatory sentencing laws have been overturned by the Supreme Court for being unconstitutional, and mandatory sentencing has resulted in prison terms that are considered extremely disproportionate compared to the crimes committed.