1. In Lafler, the dissent claimed that German law requires prosecutors to charge all prosecutable offenses, “which is typically incompatible with the practice of charge-bargaining,” and goes on to praise Germany for entertaining “an admirable belief that the law is the law, and those who break it should pay the penalty provided.” Id. at 1397. The dissenting Justices of the U.S. Supreme Court might have benefited from a more thorough and up-to-date analysis of how German courts have regulated plea bargaining.
2. Padilla v. Kentucky, 559 U.S. 356, 366–375 (2010).
3. A few states have begun enacting rules requiring that plea offers be placed on the record. See, e.g., Missouri v. Frye, 132 S. Ct. 1399, 1409 (2012) (discussing rules in Arizona and New Jersey requiring that plea offers be placed on the record).
4. 4. See, e.g., United States v. Toth, 668 F.3d 374, 379 (6th Cir. 2012)
5. 5. Keller v. U.S., 657 F.3d 675, 681-82 (7th Cir. 2011)