The second theoretical explanation is the disparity hypothesis, which states that multiple facets of society, namely the various stages of the criminal justice system, treat some races differently than others. In other words, there is disparity between how a member of one race and a similar member of another race are treated. This approach contends that extralegal factors play a role in affecting various parts of society and the criminal justice system. Rather than only considering legal variables, such as offense severity and prior record, when arresting or sentencing offenders, disparity theorists argue that society considers extralegal factors, such as race, ethnicity, social class, or lifestyle, when dealing with actual or potential offenders. According to the disparity hypothesis, members of some races are treated differently by the criminal justice system, and it is this pervasive disparity and discrimination that explains why some races are disproportionately represented in official crime statistics and the criminal justice system.
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