Jackson explains federal guidelines for child pornography offenders
As Republicans attempt to paint Judge Jackson as "soft on crime," Sen. Mike Lee, R-Utah, pressed Biden's nominee on whether she was too lenient in handing down sentences to child pornography offenders.
Jackson disagreed with that characterization and explained why below-guidelines sentences are so widely used: Federal sentencing laws set by Congress dictate that judges look at its sentencing guidelines and impose a sentence "no greater than necessary."
"As I said before, these are horrible cases that involve terrible crimes and the court is looking at all of the evidence consistent with Congress' factors for sentencing," Jackson said. "The court is told that you look at the guidelines but you also look at the nature and circumstances of the offense, the history and characteristics of the offender."

"In most cases, if not all of the cases, the government is asking for a sentence below the guidelines because this guidelines system is not doing the work in this particular case," she added.
The U.S. Sentencing Commission, the bipartisan body created by Congress to set federal sentencing rules, said in its 2021 report that suggested prison terms for defendants convicted of possessing child pornography -- as opposed to producing the materials -- have "been subject to longstanding criticism from stakeholders and has one of the lowest rates of within-guideline range sentences each year."
To make that point, Sen. Amy Klobuchar, D-Minn., following Lee, gave Jackson the opportunity to say whether it surprised her to hear that Republican judges supported have also given out similar sentences in child pornography cases.
"No, senator, it would not surprise me because these cases are horrific, and there's a lot of disparity because of the way the guidelines are operating in this particular area," Jackson said. "But in every case, in every case that I handled involving these terrible crimes, I looked at the law and the facts. I made sure that the victim -- the children's perspectives -- were represented, and I also imposed prison terms and significant, significant supervision and other restrictions on these defendants."






