mandatory minimum
A mandatory minimum is a statutorily imposed minimum punishment for a crime. Criminal punishments typically have a level of discretion from the sentencing judge, but when a mandatory minimum is in place, a judge can not sentence the convicted person to less than that minimum.
Mandatory minimums can be distinguished from sentencing guidelines because the former are required to be followed, while the latter are recommended. Mandatory minimums have existed in some form since the early years of the United States, but their use expanded dramatically in the 1980s as a part of the war on drugs. The 1790 Crimes Act stipulated mandatory capital punishment for certain offenses, such as treason or murder. These punishments have since been revised. The 1986 Anti-Drug Abuse Act created mandatory minimum sentences for possession of certain drugs. For example, the law instituted a minimum of five years in prison for “100 grams or more of a mixture or substance containing a detectable amount of heroin.” Mandatory minimums have been a large contributor to the United States' extremely high incarceration rate. Mandatory minimums do not allow judges to consider mitigating circumstances that may lessen the severity of a punishment below the allowed minimum.
Mandatory minimums have largely survived constitutional challenges. However, under the Eighth Amendment’s prohibition against cruel and unusual punishments, mandatory capital punishment is not permissible. See: Woodson v. North Carolina. Some states have “three-strikes laws” that generally institute a mandatory minimum punishment of life in prison for those who violate them. The U.S. Supreme Court has upheld these minimum punishments as constitutional under the Eighth Amendment. See: Ewing v. California and Harmelin v. Michigan.
[Last reviewed in May of 2026 by the Wex Definitions Team]
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