A sweeping update of the Uniform Code of Military Justice, passed by Congress in 2016, will take effect on Jan. 1, bringing dozens of changes, most notably to end a penalty that sounds antiquated but still had defenders for why it remained in use: a Navy skipper’s power to throw troublesome sailors in the brig with nothing to eat but bread and water, The New York Times reports. Most of the changes are procedural tweaks intended to make the system fairer and more efficient. But the bread-and-water punishment continues to be a matter of sharp disagreement, which is why it has resisted a century of abolition efforts.
One retired officer, Capt. Kevin Eyer, said the punishment — officially called “diminished rations” and limited in duration over the years — is a useful device to provide a “kick in the pants” that scares a wayward sailor without punishing his family with the loss of a paycheck. But another captain, Scott Tait, called it a counterproductive anachronism of military justice. “Some people need to think about character and the consequences of their actions,” Tait said. “But I don’t want it to impact their permanent record, which could hurt their chances of promotion down the line.” Legal experts say bread and water’s demise will not free the military justice system of all its troublesome relics. Eugene Fidell, who teaches military law at Yale Law School, pointed to how authority over legal proceedings remains in the hands of commanders, rather than an independent judiciary. And he noted that military cases cannot be appealed to the Supreme Court unless the military agrees to grant review, which he said rarely happens.