They are similar in that blacks and women occupy subordinate social and economic positions in American life and their interests are less likely to be represented in the criminal justice system than those of white men. They are different in that blacks are overrepresented in arrest statistics and jail and prison populations, while women are underrepresented. If skewed representation is assumed to result from similar effects of bias and subordination, the two patterns are hard to explain. Empirical literature on criminal courts reveals policy dilemmas in achieving fair sentencing practices. Blacks, and especially black men, may be more likely than white men and women to benefit from tightly limited sentencing discretion and limited individualization of sentencing, whereas both black and white women may be more likely to benefit from broader sentencing discretion and greater individualization. Future policies will need to confront the competing demands that race and gender pose in the official response to crime. 159 references and 10 tables