Supposedly, in the United States, there is a right against "double jeopardy" or being tried again for the same crime once exonerated. A legal corollary to that is that you can't be punished more than once for the same offense. That right exists precisely to prevent malicious prosecution that could keep coming back and harassing someone or even ruining their character through repeated abuse of the legal system... even without sufficient evidence for conviction. It is designed to require the State to present its case, have a speedy trial, and then let the person alone again if it can't prove wrong-doing, so they can get on with their lives.
Someone should inform Carmen M. Ortiz and Stephen P. Heymann about this. And, you know, brong Aaron Swartz back to life, by way of apology.
As a practical matter, the common practice of overzealous overcharging of defendants in order to force them into a plea bargain on some subset of the charges is a straight extension and outgrowth of the civil rights reforms of the 1940's, 1950's, and 1960's.
The issue came down to their being no federal statute against murder, and several states unwillingness to convict participants in a number of lynchings. The first successful use of these "double jeopardy" trials was in 1946, when Florida Constable Tom Crews was convicted for the lynching of a black farmhand: by killing him, Crews had violated the mans civil rights, as, what with being dead and all, he could no longer go to the church of his choice, he could no longer eat at the restaurant of his choice, and so on.
It was a rather weak pretext for the double jeopardy trial of someone for the same crime, albeit using different charges in order to do it, but it was in fact successful, and it became the model for future similar trials, where the federal government "leaned on" the states in order to make it highly inconvenient for them to not enforce their own laws.
Unfortunately, it also became the model for so-called "shotgun prosecutions" or, alternately, "spaghetti prosecutions", where you fired the shotgun at the target, hoping one or more pellets would hit, or, alternately, threw a bunch of spaghetti at the target, hoping that something you threw would stick.
While this may be in violation of the spirit of the so-called "double jeopardy" clause of the Fifth Amendment (do people actually still believe in that?), it is, nonetheless, common practice.
It's also common practice in Europe, and in other countries, to work around not being able to prove your case against someone.
And to throw a little more fuel on the fire in the other direction: Another example where this was used in a manner which many people believe constitutes justice, was the prosecution under 18 U.S.C. 242 for the police offers in the Rodney King beating, after they were acquitted in a California court of charges of assault with a deadly weapon and use of excessive force.
In case you care, the specific U.S. Supreme Court decision on which all of this doubly jeopardy depends is the 1932 Blockburger v. United States decision, so that part of the Fifth Amendment has been pretty dead for a while, if you can meet "the Blockburger test". See also: http://en.wikipedia.org/wiki/B...
I suspect Google will handle all this the same way that advertising of certain items prohibited in Germany is handled by eBay: make the results disappear in Germany, but if you point your proxy outside Germany, expect them to come right back. Basically a "no-see-um" approach to the problem of local jurisdictions. This would be in line with some of the search result filtering they were willing (and then not willing, under freedom of speech grounds) to do for China.
It's kind of another attempt at "the thin end of the wedge" by Europe, and I expect you could argue against it, particularly in the cases of sexual predators, on the basis of the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, and the United Nations Convention Against Torture (among others).