Editorial: A Broken Military Justice System
The New York Times Editorial Board writes:
On Monday, Brig. Gen. Jeffrey Sinclair avoided prosecution on sexual assault charges that could have brought him a life sentence. In an agreement with the prosecutor, General Sinclair pleaded guilty to lesser charges, including that he mistreated his accuser, an Army captain and his former mistress.
The deal followed a stunning ruling by a military judge last week suggesting that by holding out for more severe punishment, and by rejecting an earlier plea deal, the senior Army officer overseeing the prosecution might have been improperly influenced by political considerations in bringing the most severe charges against the general because of a desire to show new resolve in the military against sexual misconduct. The prosecution had also been badly shaken by revelations that the general’s accuser may have lied under oath.
The episode offers a textbook example of justice gone awry, providing yet another reason to overhaul the existing military justice system, which gives commanding officers with built-in conflicts of interest — rather than trained and independent military prosecutors outside the chain of command — the power to decide which sexual assault cases to try. In the Sinclair matter, the commanding officer appears to have ignored his colleagues’ reservations in an effort to look tough on sexual assaults and avoid criticism at a moment when the military is under pressure to address its sexual assault crisis.
