The PROTECT (Amber Alert) Act and the Sentencing Guidelines (CRS Report for Congress)
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| Release Date |
March 15, 2005 |
| Report Number |
RL31917 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Congress enacted the Protect Act (also known as the Amber Alert Act), P.L. 108-21 ( S. 151 / H.R. 1104 ), to deal with crimes of violence against children, minors, juveniles,
adolescents, infants, and those under the age of 18. Title IV of the Protect Act amends the law
relating to the federal sentencing guidelines in order to ensure that sex offenders are punished
appropriately. Its provisions are a response to the Justice Department's concern that, all too often
particularly in cases of sexual offenses, the federal courts had departed from the sanctions called for
in the guidelines to impose less stringent penalties (i.e., granting downward departures).
The Act, among other things:
balances representation on the Sentencing Commission so that in the future no
more than 3 of its members may be federal judges;
at least temporarily prohibits downward departures in sex offense cases (sexual
abuse, sexual exploitation of children, transportation for sexual purposes, obscenity, nonparental
child kidnaping, or sexual trafficking in children) except to the extent specifically authorized in the
sentencing guidelines;
in sex offense cases, limits specifically authorized downward departures based
on family and community ties, diminished capacity, or aberrant behavior;
temporarily changes the standard used for appellate review of downward
departures from due deference to the trial court's determination to de novo
review (thereby departing
from the Supreme Court's statutory construction in Koon v. United States) [the provision
amended
is no longer in force, United States v. Booker ];
requires more extensive report on sentencing matters from federal judges, the
Justice Department, and the Sentencing Commission; and
provides for additional offenses levels in child pornography cases based on the
number of images possessed or trafficked.
Related reports include CRS Report RS21522 , A Sketch of the PROTECT (Amber Alert)
Act
and the Sentencing Guidelines , and CRS Report 94-33, How the Sentencing Guidelines
Work .
