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FROM THIS EPISODE

Congress has relaxed overly harsh and discriminatory penalties for crack, as opposed to powder cocaine. But federal prisons are still full of blacks and whites serving different sentences for the same crimes. Should sentencing guidelines be made retroactive? Would that lead to the sudden release of 20,000 prisoners, crowding the courts and increasing crime? Also, a transit strike in France, and some big decisions for Michael Mukasey, the new Attorney General.  Were Blackwater guards unjustified in killing Iraqi civilians? Can they be prosecuted?


Photo: Metropolitan Drug Commission

Producers:
Christian Bordal
Sonya Geis
Katie Cooper

Reporter's Notebook Will Blackwater Guards Be Prosecuted for Killing Iraqi Civilians? 6 MIN, 49 SEC

On September 15, Blackwater personnel guarding a State Department convoy killed 17 Iraqis on the streets of Baghdad. The guards have insisted they used their weapons in self-defense after being fired on first by civilians. Today's New York Times reports that FBI investigators have found the guards were unjustified in killing of 14 of the 17. The Times cites unnamed civilian and military officials as saying that the guards violated deadly force rules covering contractors in Iraq. If the report is correct, the new Attorney General, Michael Mukasey, may have to decide whether to prosecute. Lawyer and law professor Kevin Lanigan served as a US Army judge advocate in Bosnia, Afghanistan and Iraq.

Guests:
Kevin Lanigan, former Judge Advocate, US Army Reserve

Main Topic Mandatory Sentencing in the War on Drugs 35 MIN, 59 SEC

Federal laws passed in the 1980's provided the same prison sentence for dealing in five grams of crack cocaine as for 500 grams of powder, a ratio of 100-to-1. But it turned out that the so-called "crack epidemic" never happened, and the Journal of the American Medical Association now says that crack is not more addictive than powder or more likely to lead to violence after all. But crack is used more often by African Americans, which means that federal prisons are crowded with black prisoners doing more time than whites for essentially the same crimes. Two weeks ago, the House and the Senate allowed new guidelines that make sentences for crack commensurate with those for powder cocaine. Should the change be made retroactive?  Would 20,000 criminals be released all at once?  We'll hear about the ongoing debate at the US Sentencing Commission.

Guests:
Darryl Fears, Reporter, Washington Post
Marc Mauer, Sentencing Project
Tim Heaphy, former Federal Prosecutor, US Justice Department
Margaret Colgate Love, former Pardon Attorney, Justice Department

Making News French Transit Workers' Strike Tests Sarkozy's Power 5 MIN, 37 SEC

Labor unions tried to paralyze France today with a transit strike. It's a direct challenge to the new President, Nicola Sarkozy who is trying to succeed at reforms where his predecessors have failed.  David Gauthier-Villars reports from Paris for the Wall Street Journal.

Guests:
David Gauthier-Villars, Reporter, Wall Street Journal

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