Gracie sat in a small meeting room of the city courthouse with her lawyer. She had just been found guilty of committing fraud and was waiting for the judge to return from his chambers.
The judge's words echoed in her head, "Financial fraud is a most grievous crime. In the past, I would have had to weigh the value to society in sending you to prison, which puts a heavy financial burden on law abiding citizens and removes a productive person from society, and giving you probation, which, I feel, is not a severe enough punishment for this sort of offense. Luckily with the recent reforms of the penal code, I have a lot more flexibility in your sentence. I am going to call a thirty-minute recess so I can consult the codes and I will sentence you when I return."
The judge had banged his gavel and Gracie had been ushered by a bailiff into a side door in the court room and down a hallway to this meeting room. There was only one door and she was certain it was being guarded. After all, she was a guilty criminal now.
Her lawyer, Mr. Braxton, was silent next to her. He had warned her she didn't have much of a case, his defense of her had focused on arguing she had no intent to defraud anybody rather than arguing that she hadn't committed fraud. Combined with being a well-dressed, attractive twenty-nine-year-old woman, her lawyer thought there was a chance for leniency from the court. Nevertheless, she knew it was a lame defense and she was prepared for the guilty verdict after her two-day trial.
Gracie's life was ruined. She'd never be able to get a job in the financial industry again. Fraud disqualified her from any job related to what she had been doing since she graduated. She couldn't even imagine herself getting any job ever again, "
I wouldn't hire me to do anything. I'll be treated like a thief forever."
Her lawyer spoke, "Well, we have about ten minutes now before we go back in. Do you have any questions?"
"No, I'm ready," she replied with a sigh. Before the trial Gracie had asked about sentences for this kind of crime. Mr. Braxton told her she was the perfect candidate for sentencing under the new Judicial Punishment codes, since it was a non-violent crime and there was no point in imprisoning her. Unfortunately for Gracie, that meant was likely to be subjected to corporal punishment.
Gracie was resigned to her fate and as prepared as she could possibly be in the circumstances. Still, she could feel herself shaking in fear anticipating what was to come. She anxiously fiddled with the buttons on her blazer and flattened her skirt as she waited for the judge to return.
A few minutes later they returned to their seats at the defense table as the judge was expected back in any minute. When he finally entered back onto his dais, he quickly got the proceeding underway.
"I have made my decision regarding the sentence. First, I will allow each side to make a final statement regarding sentencing that I might take under advisement. Mr. Smythe would the state like to make a statement?"
The prosecutor, a heavy-set man in a blue suit and red tie stood up, "Yes, your Honor, the state would." He looked sternly toward Gracie before continuing, "Miss Levingston has shown no remorse for her crimes, her defense was that she did not intend to commit fraud showing that she has not taken responsibility for her misdeeds. The state would like the court to not show any leniency regarding sentencing and to be at the high end of the range in the sentencing guidelines so she will serve as an example that financial crimes are taken seriously by the courts."
The judge nodded as the prosecutor spoke. When Mr. Smythe returned to his seat, he turned toward the defense table, "Mr. Braxton, would the defense like to make a final statement?"
Mr. Braxton whispered into Gracie's ear, "This is your chance to look appropriately humbled, if you can't act like that, it might be a good idea to forego the statement."
Gracie thought for a moment and shook her head, "You can say something if you think it could help, but I can't. Let's just get this over with."
Her lawyer stood, "Miss Levingston would not like to make a statement on her own behalf. However, we reject the characterization that she has taken no responsibility, she sits here in court ready to hear her sentence, which is the largest sign that she takes responsibility."
Gracie grimaced as he spoke, "
Not the most eloquent, I should have said something."
As Mr. Braxton sat down, the judge delivered his opinion, "In general, I agree with the state's characterization of the defendant. I found her defense to be a mockery of the court."
Gracie's heart sank as he spoke knowing that she was in for it. The judge was about to throw the book at her, she just knew it.
"The sentence I'm about to read is in line with what little precedent we have with this case. The sentencing codes are so new there is not a lot of precedent to use. If the punishment ends up being light, then consider it a mercy from the court that you don't deserve. If it is severe then know that is what the court intends."
Gracie's stone-faced exterior didn't crack. She was committed to maintaining her dignity in front of the court, but, inside, she fought back tears and nausea as her anxiety rose.
"Miss Levingston, please rise," he hesitated to allow Gracie and Mr. Braxton to stand, "The defendant is sentenced to three different sessions of Judicial Punishment. The punishments will be a J24, a J25, and a J45. Two of those I'm going to attach an enhancement by mandating they be a public punishment. I will leave discretion up to the Punishment Center as to which two will be public as I am unsure of their logistics."
Gracie closed her eyes to hold back the tears. She had no clue what those codes meant but she knew what public meant. She had seen the stages built in the city park where people were publicly humiliated and scourged, though she had never watched a punishment herself.
The judge continued his explanation, "The three punishments will all be administered on separate days within a month of each other in order to place the heaviest time burden on the convicted. You should contact the Judicial Punishment Center for scheduling, you can pick up information from the clerk in the next hour or so. I hope that when all is said and done you will feel appropriate remorse for your actions. Court is adjourned."
The judge rapped his gavel against the bench and stood up to leave. Gracie felt Mr. Braxton put his arm around her waist as he spoke, "I'm sorry, Gracie. Let's get you down to the clerk."
Gracie couldn't believe it, she knew there would be punishment but didn't expect three punishments and two of them were going to be public.
"How could I let this happen to me? How could I have been so stupid?"
Feeling dazed and overwhelmed, she allowed her lawyer to whisk her out of the mostly empty courtroom and through the hallways of the courthouse.
He led her to a glassed-in office with white lettering reading "Court Clerk" above the door. Heading through the portal, Mr. Braxton told her to sit down in a chair against the wall as he went to wait in line to speak to the clerk.
Gracie sat silently against the wall trying to recover from the shock. Her mind raced with questions, she had no idea what awaited her, the alpha-numeric codes meant nothing to her. "
What were the numbers? 34, 35, 45? Do they get worse as they go up?"
Forty-five minutes later, Mr. Braxton returned from the queue with information for Gracie. "Come on, let's find somewhere private."