The potentiality for unconstitutional disparity can be understood from the perspective of the case of the Supreme Court ruling in U.S. v. Ruiz (536 U.S. 622). In the case of Ruiz, Ruiz was accused of possessing Marijuana in his luggage. On the trial, Ruiz was presented with a ‘first track’ plea bargaining choice of among other things wavering the rights to receive charges information, which she refused to concede.
Though the plea bargaining opportunity was withdrawn from her, she later pleaded guilty and requested the judge to reduce the charges according to the plea bargaining options, which the judge refused and sentenced her to maximum charges. During her appeal in the supreme court of the United States, in which she alleged she was not allowed to have impeachment information, the district court held that prosecutors need not inform defendants about the disparity during negotiations involved in the plea bargaining process.