S.1136 - Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act; DETERRENCE Act (119th Congress)
Summary
The DETERRENCE Act (S.1136) aims to enhance sentencing for specific criminal offenses, such as kidnapping, murder-for-hire, influencing federal officials, stalking, and attacks on US officers and the President, when these crimes are directed by or coordinated with foreign governments. The bill amends Title 18 of the United States Code to allow for increased penalties, adding up to 10 years in some cases, depending on the severity and nature of the crime. It targets actions that pose external threats and ensures robust responses to egregious criminal endeavors.
This act specifically focuses on deterring foreign-directed criminal activities within the United States. It aims to protect U.S. citizens, federal officials, and national security interests.
By increasing the potential sentences for these crimes, the bill seeks to discourage foreign entities from using individuals to commit crimes within the U.S.
Expected Effects
The DETERRENCE Act will likely lead to increased sentences for individuals convicted of specific crimes directed by or coordinated with foreign governments. This could deter such activities and provide stronger legal tools for prosecuting these offenses. It may also lead to increased scrutiny and investigation of potential links between criminals and foreign entities.
This bill could also lead to more complex investigations and prosecutions, as proving the involvement of a foreign government can be challenging. There may also be concerns about potential overreach or misapplication of the enhanced sentencing provisions.
Finally, the act may lead to increased international tensions if the U.S. accuses specific foreign governments of directing criminal activities.
Potential Benefits
- Deters Foreign Interference: Discourages foreign governments from directing criminal activities within the United States.
- Protects U.S. Officials and Citizens: Provides increased protection for federal officials, the President, and the general public from foreign-directed threats.
- Strengthens National Security: Enhances the ability to respond to and prosecute crimes that pose a national security risk.
- Provides Stiffer Penalties: Ensures that individuals who commit crimes at the direction of foreign governments face more severe consequences.
- Enhances Law Enforcement Capabilities: Gives law enforcement additional tools to investigate and prosecute cases involving foreign government involvement.
Potential Disadvantages
- Potential for Overreach: Risk of misapplication or overzealous prosecution in cases where foreign government involvement is difficult to prove.
- Increased Complexity of Prosecutions: Proving the link between a crime and a foreign government can be complex and resource-intensive.
- Risk of International Tensions: Accusations of foreign government involvement could strain diplomatic relations.
- Potential for Disproportionate Sentencing: Concerns that enhanced penalties could lead to disproportionate sentences in certain cases.
- Possible Impact on Civil Liberties: Heightened scrutiny and surveillance could potentially infringe on civil liberties.
Most Disadvantaged Areas:
Constitutional Alignment
The DETERRENCE Act aligns with the US Constitution by seeking to "provide for the common defence" (Preamble) and protect the nation from external threats. The power to define and punish offenses against the law of nations is implicitly granted to Congress. However, the application of enhanced sentencing must adhere to the Fifth Amendment's guarantee of due process and the Eighth Amendment's prohibition of cruel and unusual punishment.
Congress has the power to enact laws necessary and proper for carrying into execution the powers vested by the Constitution (Article I, Section 8). This includes the power to define and punish crimes.
The act must be implemented in a manner that respects individual rights and liberties, ensuring fair trials and due process for all defendants.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).