THE NAGEL AND WEITZMAN STUDY CORRELATED DATA GATHERED IN 1962 ON 11,258 CRIMINAL CASES. SEX AND TREATMENT DURING COURT PROCESSING WERE THE VARIABLES; THE TYPE OF CRIME WAS KEPT CONSTANT. FIVE POINTS IN THE LEGAL PROCESS WERE CONSIDERED: (1) RELEASE ON BAIL; (2) TIME SPENT IN JAIL; (3) CASE DISMISSAL OR ACQUITTAL; (4) SUSPENSION OR PROBATION OF OFFENDER; AND (5) SHORT INCARCERATION OF OFFENDER. FINDINGS INDICATE THAT WOMEN WERE LESS LIKELY TO BE INCARCERATED BEFORE AND AFTER CONVICTION THAN WERE MEN, AND MORE LIKELY TO HAVE THEIR CASE DISMISSED OR ACQUITTED. THIS STUDY CAN BE CRITICIZED FOR ITS FAILURE TO CONTROL THE FACTOR OF PRIOR CRIMINAL RECORDS OF OFFENDERS, WHICH CAN AFFECT SENTENCING. IN 1974, A STUDY CONDUCTED IN ALABAMA EVALUATED THE TREATMENT OF MALE AND FEMALE OFFENDERS IN SEVEN JUDICIAL CIRCUITS, AND THIS TIME PRIOR CRIMINAL RECORDS WERE PARTIALLY CONTROLLED. EXAMINATION OF THE BAIL STAGE INDICATED THAT MEN HAD SLIGHT PREFERENTIAL TREATMENT OVER WOMEN. REGARDING PLEA BARGAINING, WOMEN WERE THREE TIMES MORE LIKELY TO HAVE CHARGES REDUCED. AT THE TIME OF SENTENCING, RESEARCH FOUND NO GREATER TENDENCY TO GIVE FEMALE OFFENDERS SUSPENDED SENTENCES; HOWEVER, MEAN SENTENCES IMPOSED ON WOMEN WERE LOWER THAN THOSE FOR MALES WITH THE SAME RECORDS. A 1971 CALIFORNIA STUDY GATHERED DATA OVER A 3-YEAR PERIOD INCLUDING 32,694 FELONY ARRESTS FROM 12 COUNTIES. THE DATA WERE ANALYZED TO DETERMINE DIFFERENCES IN THE TREATMENT OF THE SEXES IN SENTENCING DISPOSITION AND LENGTH OF SENTENCE. FINDINGS WERE EXAMINED WITHIN TWO CATEGORIES: (1) BIVARIATE -- THE ANALYSIS OF THE VARIABLES SEX AND SENTENCE; AND (2) STANDARDIZED -- THE EVALUATION OF DATA USING CRIMINAL CHARGES AT ARREST, PRIOR RECORD, AND CRIMINAL STATUS AS VARIABLES. AGAIN, THERE WAS EVIDENCE THAT WOMEN RECEIVE PREFERENTIAL TREATMENT, WITH THE GREATEST DISPARITY RESULTING IN URBAN AREAS. REASONS FOR THIS DIFFERENCE IN TREATMENT ARE DISCUSSED. THE ALABAMA STUDY INCLUDED A SURVEY OF JUDGES' OPINIONS ON SENTENCING WHICH INDICATE THAT THEIR DECISIONS ARE INFLUENCED BY THE TRADITIONAL VIEW OF THE FEMININE ROLE OF WIFE AND MOTHER. THE DISPARITY MAY BE DUE ALSO TO THE SECONDARY ROLE WOMEN HAVE PLAYED IN CRIME, A ROLE THAT IS NOW CHANGING. VICTIMS OF FEMALE OFFENDERS ARE USUALLY FAMILY MEMBERS OR LOVERS, AND THIS FACTOR COULD AFFECT TREATMENT BY THE COURT. THERE ARE FEW REHABILITATIVE PROGRAMS FOR WOMEN IN PENAL INSTITUTIONS, AND THIS IS A POSSIBLE CONTRIBUTING FACTOR WHEN A JUDGE MAKES THE DECISION ON SENTENCING. EQUAL TREATMENT FOR BOTH SEXES IN COURT COULD RESULT IN LONGER PERIODS OF INCARCERATION FOR FEMALES BEFORE AND AFTER SENTENCING. (DAG)