[20030516]RS21522_《保护（琥珀色警报）法》和判刑指南概述.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21522May 16, 2003A Sketch of the PROTECT (Amber Alert) Actand the Sentencing Guidelinesname redactedSenior SpecialistAmerican Law DivisionSummaryTitle IV of the Protect Act, P.L. 108-21 (S. 151/H.R. 1004), sometimes known asthe Amber Alert Act: (1) restricts the future membership of the Sentencing Commissionto no more than 3 federal judges; (2) limits downward departures from the sentencingguidelines in various child or sex offense cases; (3) regardless of the offense requires amotion by the government to trigger the offense level reduction available for acceptanceof responsibility in serious cases; (4) demands that in the case of either an upward ordownward departure the courts statement of its reasons for the departure be in thewritten order of judgment and commitment; (5) adjusts the standard for review so thatrather than giving deference (absent clear error) to a trial courts decision to depart fromthe guidelines an appeals court is to make its own assessment of the appropriateness ofdeparture (de novo review); (6) instructs trial courts whose departure decision