Evidence from criminal statistics suggests that women are treated more favorably by the criminal justice system than men. On the other hand, the position of women remanded to custody who subsequently receive a noncustodial sentence is sometimes used to argue that women are treated more punitively than men. Research studies show varying conclusions on treatment differences for female versus male prisoners. Court records research indicates significant differences in factors that influence the sentencing of women and men. Although research evidence is fragmentary, it is postulated that gender roles are of some importance in court proceedings, even if definitive conclusions cannot be drawn about the relative level of importance they assume. Evidence suggests that women commit less crimes than men and that family responsibilities and the female role are major factors considered by the criminal justice system. Policy implications of the gender issue for the penal system are discussed. 43 references, 4 tables.