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59 U.S.F. L. Rev. F. 1 (2025)

handle is hein.journals/usfor59 and id is 1 raw text is: 











Remedying Wrongful Convictions:

The Scarlet Letter of the Criminal

(In)justice System



                                                  By CHRISTINA G. LEUNG*



Introduction


INNOCENT BUT STILL BRANDED WITH A SCARLET LETTER.' The stigma
of a wrongful  conviction remains  with the individual, even posing as an ob-
stacle for them in their attempt to reintegrate into society.2 The declaration
of guilt by the court holds immense  weight. Such  characterization leaves an
imprint  that the individual is guilty, even if they are innocent.3 No matter
what  happens  to you, you  are constantly put under  the eye of distrust that
you  can never shake  . . . . It never, ever ends. It never ends. It never ends. It
never  will be   ended.4  These   are  the words   uttered  by  Kirk  Nobel
Bloodsworth,  a man  who  was wrongfully  convicted for a rape and murder   of
a  young   girl, even  though  he  was   factually innocent.6  Despite  being



     *  Christina G. Leung, J.D., Esq., University of San Francisco School of Law, 2024; B.A.
SanJose State University, 2019. This piece is dedicated to my family and friends because without
their unwavering support throughout my academic and professional career, this piece would have
never come to life. Additionally, thank you to U.S.F Law Review for providing this platform to allow
for the highlighting of the necessary changes that needs to be made in how our criminal legal system
treats individuals who they have wrongfully convicted.
    1.  Jack Healy, Wrongfully Convicted Often Find Their Record, Unexpunged, Haunts Them, N.Y.
TIMES  (May 5, 2013), https://www.nytimes.com/2013/05/06/us/wrongfully-convicted-find-
their-record-haunts-them.html (last visited Oct. 7, 2024).
    2.  See generally Lauren Legner, Comment, The Pychological Consequences of a Wrongful Conviction
and How Compensation Statutes Can Mitigate the Harms, 2021 22 MICH. ST. L. REV. F. (Apr. 26, 2022),
https://www.michiganstatelawreview.org/vol-2021-2022/2022/4/25/the-psychological-conse-
quences-of-a-wrongful-conviction-and-how-compensation-statutes-can-mitigate-the-harms
[https://perma.cc/28QY-9UJN].
    3.  See Leslie Scott, It Never, Ever Ends: The Pychological Impact of Wrongful Conviction, 5 AM.
U. CRIM. L. BRIEF 10, 11 12 (2010).
    4.  Id. at 10.
    5.  Id.
    6.  Rebecca Pirius, Factual Innocence, CRIM. DEE. LAW. (Jan. 5, 2024), https://www.crimi-
naldefenselawyer.com/resources/criminal-defense/defendants-rights/factual-innocence.htm
[https://perma.cc/2NB2-V4NH] (defining factual innocence as facts and evidence exist proving
that a person accused or convicted of a crime did not or could not have committed it).


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