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Originally posted by VegasLionFan
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If a Corporation or Individual is willing to pay to make it go away, either they are trying to:
1) Protect their name from being associated with an undesirable claim or
2) Cutting their losses.
If a case is brought in Civil court, the losing side pays the attorney fees for the winning side. I will admit however, that there are cases where the fees can not be recovered because those that lose the case do not have the ability to pay and are bringing a case to try to enhance their economic position.
In Criminal cases, the cost of Defense is up to the Defendant but, the Prosicutor must be able to prove his case beyond a reasonable doubt.
That is why some will drop a Criminal case and go to a Civil case. In order to prove things beyond a reasonable doubt, the evidence needs to be stronger.
Having a child proclaim they drank Jesus Juice and then slept in the same bed is not enough evidence to prove they were molested. Most sane adults think this behavior is unacceptable but, by law, not criminal unless there is proof they were molested. They may even have a hard time identifying what the Jesus Juice was.
It is not clear which type of case you believe is cheaper to settle out of court but I would guess it is more than likely a Criminal case as the cost of defense lays squarely on the defendant. A wry smile is not enough to prove someone guilty in a Criminal case but it is enough for a Corporation or Individual to want the charges to disappear by making a payout. Hence my statement that:
Larger Corporations and Indiviudals with money, have learned sometimes it is cheaper to pay to make it go away than to fight if even if you are right.
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