THE TWO GROUPS MOST DEPICTED IN THE LITERATURE ON EQUALITY OF TREATMENT BY LAW AS VICTIMS OF POTENTIAL AND ACTUAL DISCRIMINATORY TREATMENT HAVE BEEN RACIAL MINORITIES AND THE POOR. MORE ATTENTION IS BEING FOCUSED ON WOMEN, AND MUCH USE IS BEING MADE OF FEMINIST IDEOLOGY IN EXPLAINING WOMEN'S TREATMENT BY THE CRIMINAL JUSTICE SYSTEM. THE EXPLANATION GENERALLY OFFERED FOR THE PREFERENTIAL TREATMENT OF WOMEN IS THAT IT IS A RESULT OF CHIVALRY. IT IS HYPOTHESIZED THAT LESS HARSH HANDLING OF FEMALE DEFENDANTS, AS OPPOSED TO MALE DEFENDANTS, DOES TAKE PLACE AND THAT THIS DIFFERENTIAL TREATMENT CAN BE DESCRIBED ACCURATELY AS A FORM OF PATERNALISM. A KEY INDICATOR OF PATERNALISTIC BEHAVIOR BEHAVIOR IS ACTION TAKEN TO PROTECT WOMEN, EITHER FROM THEMSELVES OR FROM SOME IDENTIFIABLE EVIL. TWO PARTICULAR AREAS, HOWEVER, IN THE TREATMENT OF FEMALES APPEAR TO DEVIATE FROM THE NORM OF GENTLENESS. THE FIRST AREA IS THAT OF SPECIAL INDETERMINATE SENTENCING STATUTES FOR WOMEN IN STATES THAT SENTENCE MEN TO DETERMINATE AND SHORTER SENTENCES FOR THE SAME CRIME. THE SECOND AREA INVOLVES STRICTER SUPERVISION BY THE SYSTEM OF YOUNG WOMEN THAN OF YOUNG MEN. THE FINDINGS OF AN EMPIRICAL ANALYSIS OF DISPARATE TREATMENT SHOW THAT THE CRIMINAL JUSTICE SYSTEM TREATS WOMEN DIFFERENTLY FROM MEN. IT IS APPARENT THAT WOMEN RECEIVE MORE GENTLE TREATMENT, AND SUCH TREATMENT IS NOT RELATED TO RACE, TYPE OF CRIME, OR PRIOR RECORD. WHAT THE DATA FROM THE EMPIRICAL ANALYSIS DO NOT SHOW IS WHY DIFFERENTIAL TREATMENT EXISTS. THE IDENTIFICATION OF A CHIVALRY-PATERNALISM FACTOR IN THE CRIMINAL JUSTICE SYSTEM POSES BASIC QUESTIONS FOR FUTURE DIRECTIONS OF THE SYSTEM. SUPPORTING DATA FROM THE EMPIRICAL ANALYSIS ARE PROVIDED. (DEP)