In addition, the legislation does not require that military officials demonstrate probable cause prior to arresting and detaining a civilian. As drafted, it does not appear that local military authorities would even need to secure agreement from federal authorities that they would prosecute the accused for the alleged offense. Thus, a military commander could arrest and detain an educator indefinitely, simply on the basis of a complaint from a student. The proposed legislation fails to set out any standards for investigation of alleged criminal conduct. Under the proposed language, a military official could arrest and detain an accused educator without interviewing the accused or any identified witnesses.
Military officials have limited experience in handling cases involving civilians accused of crimes.
It is essential, therefore, that the law protect civilians and guarantee a full, fair investigation. We are concerned that the legislation does not guarantee that individuals accused of crimes are able to seek pre-trial release. Under the legislation as currently drafted, a teacher could be arrested and detained indefinitely by military officers, with no opportunity to secure release, even before any determination that the accused has committed a prosecutable offense. Again, the legislation fails to provide civilians overseas the same protections applicable to civilians accused of crimes in the United States. Such rights include a timely bail hearing and the right to secure release pending trial, where such release would not create a risk of flight or of harm to the accused or to others.