The Criminal Code

Robert Graham (Phillips Holmes) accidentally kills a man and is imprisoned for manslaughter. Some years later, the district attorney who - applying the criminal code verbatim - had got him into jail (Walter Huston) becomes prison warden and tries to rehabilitate him. That turns out to be hard because Graham has meanwhile learned another kind of criminal code: the values and standards that govern the behaviour of the prisoners. This is a well-intentioned film that is critical of the way the US prison system was run. It tells a good story and manages to generate a lot of suspense. The pacing is good, too - the thing gets never dull. There is even a bit of a romance, though this plays a rather minor role. I found the quality of the acting somewhat mixed. Huston, Holmes and Boris Karloff (who plays another prisoner) are doing very well, Constance Cummings (Huston's daughter and Holmes love interest) less so: At least in some scenes, she appeared rather wooden and stiff. What I found disappointing is the quality of the dialogue. Huston's default answer to almost anything he is told seems to be 'oh yeah?!' (a few years later - in 'It Happened One Night', 1934 - Clark Gable would make fun of dialogues that consisted of nothing but 'oh yeah?!'s). Whoever wrote the dialogues for 'The Criminal Code' did this otherwise good film no service.

I would say it is THE best except for my fondness for "Caged." This is a brilliant movie, as shocking as Hawks's "Scarface," released a year later and far better known.

Walter Huston is a district attorney when we met him. Throughout, he is given to the one word, catchall statement or response "Yeah." Huston has rarely if ever been better -- and he was one of the greats of Hollywood history.

Phillips Holmes is excellent as a young man he sends to prison. He is innocent in all senses before he gets there. But he quickly leans the code of the title.

Constance Cummins isn't given much as Huston's daughter but she is appealing. However, Boris Karloff gives one of his very finest performances as a tough but decent prisoner. Of course, of course he is fine in "Frankenstein." And he is wildly brilliant in "Lured" many years later. Here he gives a solid, unadorned, moving performance.

Clark Marshall, a name I do not recognize, is also fine. He plays a sniveling, conniving inmate. And DeWitt Jennings is shocking as a brutal guard.

Amazingly, I had never seen this movie before tonight. It's bone I will want to see again; and I urge you to see it, too.

DA Brady sends young Graham to prison unjustly, and must redeem himself once he becomes the prison's warden.

The credits indicate icon Howard Hawks as the director; IMDb uncharacteristically lists no one; while Hawks' bio-site states he's the uncredited helmsman. I include this rather puzzling movie pedigree because I see very little of Hawks' characteristic style on screen. He may well have been adjusting to the new factor of sound (as others point out), but whatever the reason, the screenplay could have been filmed by any number of solid Hollywood craftsmen.

The movie itself has been made several times over, so the material is familiar. But except for Huston's dynamic performance and Karloff's formidable presence, there's not much to recommend beyond the story itself. The prison yard scenes are riveting with their marching phalanxes of inmates. Sort of like a non-musical Busby Berkeley. I also like that early scene where DA Brady (Huston) strips away shady lady Gertie's thin façade of respectability. To me, its spirited air bespeaks Hawks' guiding hand, as does Brady's surprisingly intense grilling of Graham. However, what should be a highlight, Ned's (Karloff) revenge killing of the squealer, is unnecessarily down-played for this pre-Code period.

Note how we're led to respect the inmates' code of conduct even though they are convicted criminals. Both the law and the inmates have their respective codes, but more importantly, the codes may well be linked by a common sense of justice. When, for example, those codes are broken by the squealer, on one hand, and by head guard Gleason, on the other, we're led to sympathize with the respective acts of retribution, bloody though they undoubtedly are. And since both acts are carried out by the hulking Ned, he becomes something of an avenging angel despite his gruesome appearance. It's the ambiguities of the two codes, united, perhaps, by a common sense of justice that suggests an interesting subtext to the story.

Anyway, in my little book, this is a Walter Huston showcase, proving again that an actor of less than handsome appearance could carry a Hollywood movie.

In The Criminal Code the bywords of District Attorney Walter Huston is that where there is a crime, someone has to pay. Or if you can't do the time, don't do the crime as a later philosopher named Tony Baretta opined. And it's Huston's job to set the price when he prosecutes.

But Huston recognizes that young Phillips Holmes with a proper criminal defense attorney might do little time or even be acquitted. He smashed some poor guy's head in with a full bottle of bootleg hooch when he thought he was going for a gun. Still Holmes is convicted and he gets a ten year sentence.

Fast forward several years and Huston is no longer the District Attorney, he's now the warden of the prison that Holmes is incarcerated. Huston gives Holmes a chance and he makes him a trustee. Huston's daughter Constance Cummings even falls for Holmes.

But they have a different code among the convicts in prison and the biggest commandment is thou shalt not rat. When Boris Karloff does a particular rat in Holmes almost takes the fall for it because of that code.

The leads do a fine job in this, but the performances of Boris Karloff as the hardened convict and Clark Marshall as his victim really do stand out in The Criminal Code. Marshall especially, you can really feel his fear in his performance.

Beginning originally as a Broadway play, The Criminal Code was remade twice by Columbia Pictures, Harry Cohn not being one to let a good property go to waste. The two remakes are Penitentiary with Walter Connolly and John Howard and Convicted with Broderick Crawford and Glenn Ford.

The film holds up very well because the themes are eternal. Criminals have to pay the price when caught and rats are just as unpopular as ever.

Sometimes you seem to get into a position where you have to take your medicine for an even unintended actions. That is what happens to poor 20-year-old Bob Graham, and within 10 minutes into the movie, he's in the infinite world of prison, where he must learn yet another set of codes of the criminal sort. Creepy Ned Galloway (Boris Karloff just before his "Frankenstein" turn) takes a rather minor (at least early on) role and fills it with gusto (maybe its that creepy little haircut) in a claustrophobic cell. Later, he does the right thing for rehabilitated and soon-to-be-paroled (maybe) Graham, who does not violate the titular Criminal Code (since he's still a con).

James Whale wanted Karloff for his monster after seeing Boris in this flick, and after you see it, you'll know why.

BTW, who doesn't love a good prison movie yarn, and with Karloff in it, it rates a "9."