The Michael Jackson saga is finally over (for the time being?) , the jury has deliberated their verdict and acquitted Michael on all 14 counts based on the prima facie evidence. I refrain from passing my judgement on the case albeit intuition says that there is no smoke without fire and frankly its been smoking for over two decades. The case revolved around one main thing viz. money.

The prominent hindrance in the successful prosecution of similar cases is not the ‘reasonable doubt of innocence’ of the accused but the ‘reasonable doubt of motives’ of the accuser. Whenever the legal system implicates a star in any criminal case, there is a huge ballyhoo associated with the trial and the accuser stands to make a lot of money. The stars themselves add oil to the fire by reaching out of court settlements.

Out of court settlements in a civil case is most welcome as justice can be administered swiftly without having to wait eons for a judgement. However out of court settlements in a criminal case should be made illegal. An out of court settlement in a criminal case implies only two things; either the accused is truly guilty or the accuser is a gold-digger out to make money. Either way there is a travesty of justice.

Out of court settlements in a criminal case is more like hush money paid to the victim to keep quiet rather than restitution. The Kobe Bryant case, Michael Jackson case; in all these cases the jury has had to first decide if the accuser is out to make money or is interested in justice. If Out of court settlements were made illegal, the accuser who comes forward would not benefit monetarily and hence there would be more substance to the claim. Moreover, with an out of court settlement the accuser on receipt of payment, signs a quitclaim and any criminal cases against the accused are barred with a retrospective effect. Thus if you rape someone and you have enough money, one can walk away scott-free and be out on the prowl for the next victim while the government pulls up a chair and watches the ensuing drama haplessly.

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