In continental European law, on the other hand, the question is whether the second prosecution concerns the same "material fact" or "historical event," and the state cannot subject a person to a second trial for any offense arising out of the same factual situation.
By the 1990s, with increasing scrutiny of the costs of such operations (charges of gross indecency in a sauna normally needing the expense of undercover officers), a reduced likelihood of successful prosecution, concerns of being perceived as homophobic, and little public interest in victimless crime, gay saunas became free to operate without the risk of being raided by police.
The Inquiries Reports of Trouble, But No Prosecutions Concern about the Family's existence first surfaced in 1994, when a number of officers staged a sickout.
England has an independent "director of public prosecutions" concerned only with the most serious types of crime, but most prosecutions have been conducted by private barristers briefed by him or by the police.
What will you do when liberals, over Mr. Obama's objections, encourage Congress, the courts and the Justice Department to pursue investigations and prosecutions concerning the Bush administration's surveillance and interrogation policies?
…prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights in question, may be considered to be sufficiently serious to justify such an interference.
A man who acted as a spokesman for the 'hacktivist' group Anonymous and whose prosecution raised concerns about the protections supposedly guaranteed to journalists under the constitution, has been jailed for more than five years.
A spokeswoman for the general prosecutor's office in Tirana, the Albanian capital, said that Mr. Trebicka had "never presented to the office of the general prosecution any concerns about the safety of his life related to the case," according to a written answer to questions submitted to the office.
The general barriers included a lack of knowledge concerning the right and means of access to primary healthcare; fear of prosecution; fear of financial contribution; and practical difficulties.
And it was history that, as far as the prosecution was concerned, stood at the center of the trial.
It was not truly Eichmann in the dock, Arendt concluded: "It was history that, as far as the prosecution was concerned, stood in the center of the trial".
