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That may be the way the process unfolds from here, but it would be a mistake and a tragic one, given the difficulty of getting Congress to focus on military justice in a sustained way. It would take years for the military justice system to recover if Congress takes the wrong path at the current fork in the legislative road. Why not fix the structure for prosecuting just sex offenses? Here are two compelling reasons to resist that temptation: First, the problem of lay decision making on military criminal prosecutions is structural and is not unique to sex offenses. Applying 21st century, rather than 18th century, standards and expectations, the decision to prosecute is lawyers’ work, and often requires complex legal and evidentiary analysis. Line commanders lack the skills to do this and have more than enough other things to occupy their attention and time. Additionally, they may not be impartial, since they may know the suspect, the victim, or both. It is of course true that

United statesEugener fidellLloyd austinYale law schoolFeldesman tucker leifer fidellYork universityHouse armed servicesNational institute of military justiceDefense secretary lloydHouse armed services committeesUniform codeMilitary justiceSecretary austinCoast guardNational instituteNew york university