The question has been posed whether current developments in American penal policy toward reducing prison populations and sentences for low level, nonviolent offenses might reflect the end of the mass incarceration era. Yet articulation of precisely what defines the present in American penal policy remains unclear. This paper identifies three distinctive features: a national-level program of comprehensive criminal justice reevaluation and reform in response to the excesses of recent policy; the distinguishing of groups for distinct treatments as a central principle and product of the reform program; and the fusion of previously distinct political and administrative logics that undergird the reform process. Rather than a full turn away from mass incarceration or an ambivalent mix of old and new, contemporary penal policy is better characterized as a bifurcation, responding uniquely, with new answers and new omissions, to the dilemmas and constraints of “late mass incarceration.”

Over the past 40 years, life imprisonment without the possibility of parole (LWOP) has been transformed from a rare sanction and marginal practice of last resort into a routine punishment in the United States. Two general theses—one depicting LWOP as a direct outgrowth of death penalty abolition; another collapsing LWOP into the tough‐on‐crime sentencing policy of the mass incarceration era—serve as working explanations for this phenomenon. In the absence of in‐depth studies, however, there has been little evidence for carefully evaluating these narratives. This article provides a state‐level historical analytic account of LWOP's rise by looking to Florida—the state that uses LWOP more than any other—to explicate LWOP's specific processes and forms. Recounting LWOP's history in a series of critical junctures, the article identifies a different stimulus, showing how LWOP precipitated as Florida translated major structural upheavals that broke open traditional ways of doing and thinking about punishment. In doing so, the article reveals LWOP to be a multilayered product of incremental change, of many, sometimes disjointed and indirectly conversant, pieces. Presenting LWOP as the product of a variety of penal logics, including those prioritizing fairness and efficiency, the article more generally illustrates how very severe punishments can arise from reforms without primarily punitive purposes and in ways that were not necessarily planned.

The past 40 years have been a time of great change in life sentencing, during which the use of life sentences has dramatically grown and the quality of life sentences has markedly hardened. The rise of life without parole in the United States is a particularly recognizable development, but life sentencing has increased worldwide, and the use of other forms of punishment that hold people in prison until death has also intensified. This article focuses on these transformations by examining several important areas in which thinking and scholarship on life sentencing have been altered and spurred by recent developments. The review concludes by pointing to gaps in the field of research and highlighting issues on which social scientific research on life sentencing has more to contribute going forward.

Corrections officials, prison staff and many people incarcerated have long believed that hope derived from a realistic possibility of release is essential to maintain order and safety in the prison. Criminological research consistently finds, however, that people without foreseeable or realistic prospects for release nevertheless do hope. Yet while findings of hope in criminological literature are robust, they remain undeveloped. This article draws from hope studies in other disciplines to advance a model of types of hope, which is then used to analyse evidence of hope in prior criminological literature on life sentences and long prison terms. The article distinguishes hopes derived from legal opportunities and escapist fantasies from deeper hopes grounded in despair, highlighting hope as a site for further research.

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