Transcript of Motions
Afrmative
Context:
• The motion calls us to allow
‘forgiveness to be one of the mitigating circumstances.
• !orgiveness is a waiver" in this
context" most probabl# written b# the victim or the victims
immediate famil#.
$roblem:
• The problem is that some cases
push through even when the victim or the victims famil# alread#
forgives the perpetrator. We must not stand for causing more
in%ustice b undul# putting the accused in a disadvantage when the
forgiveness from the victim himself is alread# obtained.
&iagnosis:
• The 'tate triviali(es the victims
forgiveness as a consideration and dismisses his consent of the
crime perpetrated against him.
'olution:
mitigating circumstance because punishment should recogni(e both
the interest of the 'tate and the victim.
*rgument 1:
Handle: +t balances the interest between the o,ended part# and the
'tate.
-xplanation: The 'tate is there to provide protection for the
general welfare of the public but it cannot appl# the law
indiscriminatel# when it causes in%ustice. Mitigating circumstances
lessens the sentence therefore it provides a leewa# for the victim
to have a sa# in the process. This is more realistic because
man is not made for law" law is made for man.
+t considers the interest of the actors in the crime to provide
retribution but at the same time consider that the victim also has
a sa# being the o,ended part#.
-xample: +f + was raped b# m# bo#friend and + decide to forgive the
person and its part of m# ps#chological peace to actuall# see him
reform himself" the 'tate should consider that rather because + am
the person who was sub%ected to a violation of m# right
in): Therefore if the 'tate considers m# voice as the victim in the
process it provides a deterrent b# %ailing the victim and at the
same time providing me the closure that + need through seeing m#
perpetrator reformed.
*rgument /:
H:We unclog the %ails because of the shorter %ail time.
-:The current situation is that %ails house more prisoners than
what is humanl# allowed. +t is an in%ustice b# itself. +magine
having 100 prisoners for a cell made for 0. 'ome would sa# thats
impossible but unfortunatel#" +ts a realit# in our prisons
-: +f we shorten %ail time a prisoner will sta# for a shorter time.
Hence the use of a %ail cell will be maximi(ed. +f a cell is used
m# 0 people and /0 people will be eventuall# released" then another
/0 people can come in. Hence" we do not combine them li)e
sardines.
: When ma)e forgiveness a mitigating circumstance and when it is
considered b# the courts" we have a probable leewa# for shorter
sentences and shorter %ail time. We achieve %ustice for other
prisoners who also deserve to be treated humanl# even in the %ails.
2ustice is not one wa# even the bill of rights recogni(es
that
*rgument 3:
/ [PRACTICE MOTIONS]
-: 4# ma)ing them pa# for their crimes but ma)ing their sentences
conducive for rehabilitation" we reintegrate them to societ# as
productive citi(ens.
-: Manong mangbubu)o stole three cans of sardines. He must serve
%ail time. 4ut should he sta# there forever5 +f he was alread#
forgiven an#wa#" then %ust let him serve a shorter sentence. +f he
sta#s there too long he will be hardened" vengeful and
hateful
6C: !orgiveness as a mitigating circumstance.
• Theme of balancing of interests
• Concept of 7ehabilitation
Opposition
Clash: The a8rmative has diagnosed the problem 4ut proposed a
solution which does not solve it at all
$roblem:
• The# claim problem is that
some cases push through even when the victim or the victims famil#
alread# forgives the perpetrator. We must not stand for causing
more in%ustice b undul# putting the accused in a disadvantage when
the forgiveness from the victim himself is alread# obtained.
True. We agree.
&iagnosis:
• The 'tate triviali(es the victims
forgiveness as a consideration and dismisses his consent of the
crime perpetrated against him. True we agree.
4ut following that logic" wh# dont we ma)e it a 29'T+!+;<
C+7C9M'T*;C-
&e=ne 2ustif#ing Circumstance &egi
'olution:
• We ma)e ‘forgiveness as a
29'T+!+;< circumstance because punishment should recogni(e
both the interest of the 'tate and the victim.
*rgument 1:
-xplanation: The 'tate is there to provide protection for the
general welfare of the public but it cannot appl# the law
indiscriminatel# when it causes in%ustice. Mitigating circumstances
lessens the sentence therefore it provides a leewa# for the victim
to have a sa# in the process. This is more realistic because
man is not made for law" law is made for man. +t considers the
interest of the actors in the crime to provide retribution but at
the same time consider that the victim also has a sa# being the
o,ended part#.
-xample: +f + was raped b# m# bo#friend and + decide to forgive the
person and its part of m# ps#chological peace to actuall# see him
reform himself" the 'tate should consider that rather because + am
the person who was sub%ected to a violation of m# right
in): Therefore if the 'tate considers m# voice in the process it
provides a deterrent b# %ailing the victim and at the same time
providing me the closure that + need through seeing m# perpetrator
reformed.
*rgument /:
H:We unclog the %ails because of the shorter %ail time.
-:The current situation is that %ails house more prisoners than
what is humanl# allowed. +t is an in%ustice b# itself. +magine
having 100 prisoners for a cell made for 0. 'ome would sa# thats
impossible but unfortunatel#" +ts a realit# in our prisons
-: +f we shorten %ail time a prisoner will sta# for a shorter time.
Hence the use of a %ail cell will be maximi(ed. +f a cell is used
m# 0 people and /0 people will be eventuall# released" then another
/0 people can come in. Hence" we do not combine them li)e
sardines.
Practice Motions 3
considered b# the courts" we have a probable leewa# for shorter
sentences and shorter %ail time. We achieve %ustice for other
prisoners who also deserve to be treated humanl# even in the
%ails.
*rgument 3:
H: We give people a second chance b# ma)ing forgiveness a
mitigating circumstance.
-: 4# ma)ing them pa# for their crimes but ma)ing their sentences
conducive for rehabilitation" we reintegrate them to societ# as
productive citi(ens.
-: Manong mangbubu)o stole three cans of sardines. He must serve
%ail time. 4ut should he sta# there forever5 +f he was alread#
forgiven an#wa#" then %ust let him serve a shorter sentence. +f he
sta#s there too long he will be hardened" vengeful and
hateful
6C: !orgiveness as a mitigating circumstance.
• Theme of balancing of interests
• Concept of 7ehabilitation