A Call to Re-examine the Military Justice System Any sexual assault in the military is one too many, and I applaud efforts to drive down the incidence of these crimes, which corrode unit cohesion. Contrary to "Sexual Violence and the Military" (editorial, March 9), however, no act of Congress is needed to increase penalties under the Uniform Code of Military Justice. Maximum punishments under the code are generally prescribed by the Manual for Courts-Martial, an executive order the president can amend with a stroke of his pen. If commanders are reluctant to refer sexual assault charges to courts-martial, the answer may be to let military lawyers decide which cases should be prosecuted. Other countries have wisely moved in that direction. The editorial refers to "the perils of civilian intrusion into the military justice system," but Congress has explicit responsibility under the Constitution to "make Rules for the Government and Regulation of the land and naval Forces." Congress has not conducted significant hearings on military justice in 30 years. It's time for it to take a fresh look at the whole system, not just the way the military deals with sexual assault. The writer teaches military justice at Yale Law School.