Prosecutors in District Attorney Brooke Jenkins’ office are drawing dramatic pictures for judges, hoping to illustrate the danger that people accused of dealing drugs pose to the public — and asking judges to hold them in jail.
Imagine a sold-out Oracle Park. Now imagine every one of those spectators dead from a fentanyl overdose.
As she pledges to fight a “war on fentanyl,” Jenkins may have lost quite a few battles, but she’s doubled down on the approach. She said at a press conference earlier this month that her prosecutors are “continuing to advance new legal theories and arguments to make sure the judges understand the dangers that these fentanyl dealers present to the public.”
San Francisco has increasingly leaned on those alternatives to reduce the jail population. For example, according to the Harvard Gazette, the number of people awaiting trial who are monitored by an ankle bracelet has increased by 308% since 2020 in San Francisco. “In order to detain an arrestee…a court must first find by clear and convincing evidence that no condition short of detention could suffice and then ensure the detention otherwise complies with statutory and constitutional requirements,” the California Supreme Court wrote in its pivotal 2021 Humphrey decision, which limited the ability of courts to set bail on, or detain, defendants.
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