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Practice Motions 1

THW allow forgiveness to be a


mitigating circumstance
Affirmative
Context:
Mitigating circumstances is a
consideration to lessen the
penalties of one person.
The motion calls us to allow
forgiveness to be one of the
mitigating circumstances.
Forgiveness is a waiver, in this
context, most probably written
by the victim or the victims
immediate family.
Problem:
The problem is that some cases
push through even when the
victim or the victims family
already forgives the
perpetrator. We must not stand
for causing more injustice b
unduly putting the accused in a
disadvantage when the
forgiveness from the victim
himself is already obtained.
Diagnosis:
The State trivializes the victims
forgiveness as a consideration
and dismisses his consent of
the crime perpetrated against
him.
Solution:
We make forgiveness as a
mitigating circumstance
because punishment should
recognize both the interest of
the State and the victim.
Argument 1:
Handle: It balances the interest
between the offended party and the
State.
Explanation: The State is there to
provide protection for the general
welfare of the public but it cannot
apply the law indiscriminately when it
causes injustice. Mitigating
circumstances lessens the sentence
therefore it provides a leeway for the
victim to have a say in the process.
This is more realistic because man is
not made for law, law is made for man.

It considers the interest of the actors in


the crime to provide retribution but at
the same time consider that the victim
also has a say being the offended
party.
Example: If I was raped by my
boyfriend and I decide to forgive the
person and its part of my
psychological peace to actually see
him reform himself, the State should
consider that rather because I am the
person who was subjected to a
violation of my right
Link: Therefore if the State considers
my voice as the victim in the process it
provides a deterrent by jailing the
victim and at the same time providing
me the closure that I need through
seeing my perpetrator reformed.
Argument 2:
H:We unclog the jails because of the
shorter jail time.
E:The current situation is that jails
house more prisoners than what is
humanly allowed. It is an injustice by
itself. Imagine having 100 prisoners for
a cell made for 50. Some would say
thats impossible but unfortunately, Its
a reality in our prisons
E: If we shorten jail time a prisoner will
stay for a shorter time. Hence the use
of a jail cell will be maximized. If a cell
is used my 50 people and 20 people
will be eventually released, then
another 20 people can come in. Hence,
we do not combine them like sardines.
L: When make forgiveness a mitigating
circumstance and when it is
considered by the courts, we have a
probable leeway for shorter sentences
and shorter jail time. We achieve
justice for other prisoners who also
deserve to be treated humanly even in
the jails. Justice is not one way even
the bill of rights recognizes that
Argument 3:
H: We give people a second chance by
making forgiveness a mitigating
circumstance.

[PRACTICE MOTIONS]

E: By making them pay for their crimes


but making their sentences conducive
for rehabilitation, we reintegrate them
to society as productive citizens.
E: Manong mangbubuko stole three
cans of sardines. He must serve jail
time. But should he stay there forever?
If he was already forgiven anyway,
then just let him serve a shorter
sentence. If he stays there too long he
will be hardened, vengeful and hateful
L/C: Forgiveness as a mitigating
circumstance.
Theme of balancing of interests
Concept of Rehabilitation

Opposition
Clash:
The affirmative has diagnosed the
problem
But proposed a solution which does not
solve it at all
Problem:
They claim problem is that
some cases push through even
when the victim or the victims
family already forgives the
perpetrator. We must not stand
for causing more injustice b
unduly putting the accused in a
disadvantage when the
forgiveness from the victim
himself is already obtained.
True. We agree.
Diagnosis:
The State trivializes the victims
forgiveness as a consideration
and dismisses his consent of
the crime perpetrated against
him. True we agree.
But following that logic, why dont we
make it a JUSTIFYING CIRCUMSTANCE
Define Justifying Circumstance
Degi
Solution:
We make forgiveness as a
JUSTIFYING circumstance
because punishment should
recognize both the interest of
the State and the victim.

Argument 1:
Explanation: The State is there to
provide protection for the general
welfare of the public but it cannot
apply the law indiscriminately when it
causes injustice. Mitigating
circumstances lessens the sentence
therefore it provides a leeway for the
victim to have a say in the process.
This is more realistic because man is
not made for law, law is made for man.
It considers the interest of the actors in
the crime to provide retribution but at
the same time consider that the victim
also has a say being the offended
party.
Example: If I was raped by my
boyfriend and I decide to forgive the
person and its part of my
psychological peace to actually see
him reform himself, the State should
consider that rather because I am the
person who was subjected to a
violation of my right
Link: Therefore if the State considers
my voice in the process it provides a
deterrent by jailing the victim and at
the same time providing me the
closure that I need through seeing my
perpetrator reformed.
Argument 2:
H:We unclog the jails because of the
shorter jail time.
E:The current situation is that jails
house more prisoners than what is
humanly allowed. It is an injustice by
itself. Imagine having 100 prisoners for
a cell made for 50. Some would say
thats impossible but unfortunately, Its
a reality in our prisons
E: If we shorten jail time a prisoner will
stay for a shorter time. Hence the use
of a jail cell will be maximized. If a cell
is used my 50 people and 20 people
will be eventually released, then
another 20 people can come in. Hence,
we do not combine them like sardines.
L: When make forgiveness a mitigating
circumstance and when it is

Practice Motions 3
considered by the courts, we have a
probable leeway for shorter sentences
and shorter jail time. We achieve
justice for other prisoners who also
deserve to be treated humanly even in
the jails.
Argument 3:
H: We give people a second chance by
making forgiveness a mitigating
circumstance.
E: By making them pay for their crimes
but making their sentences conducive
for rehabilitation, we reintegrate them
to society as productive citizens.

E: Manong mangbubuko stole three


cans of sardines. He must serve jail
time. But should he stay there forever?
If he was already forgiven anyway,
then just let him serve a shorter
sentence. If he stays there too long he
will be hardened, vengeful and hateful
L/C: Forgiveness as a mitigating
circumstance.
Theme of balancing of interests
Concept of Rehabilitation