Final answer:
Legal factors, such as institutional racism and unequal access to justice, play a role in the over-representation of Indigenous peoples in the justice system.
Step-by-step explanation:
The over-representation of Indigenous peoples in the justice system can be attributed to various legal factors. One key factor is institutional racism, which is embedded in a country's constitutionalism and political culture. Powerful political actors often make decisions that result in the discrimination and violation of the rights of marginalized groups. Legal factors also include unequal access to justice and due process, as well as historical laws that have violated the social rights of Indigenous peoples.