the film is supposed to show us a circular system, that just doesn't work. from either the Po's side or the people that get released. i talked to a woman who was a PO for many years, and well, there is a certain way you want to approach the ex cons, especially when they got out after many years in prison.all around, the system just doesn't work. this brings on about a question whether max was "rehabilitated" after leaving prison. would anyone be?
Well, it depends on which "system" and what it's intended to do. In terms of incarceration and keeping dangerous people off the street (which Dembo certainly is by the end of the film), the prison system today likely works better than it ever has in U.S. history. If you look at the history, say, of incarceration in the Old West, it's a hot mess. Men and women are housed together (which results in lots of sexual exploitation) and if you manage to escape the noose for prison, you could be out after two years of hard labor, even for cold-blooded multiple murder. If you manage to skip the territory, you could escape punishment entirely.
The 1970s had major problems with this, though, in the interests of trying to reform the prison system and increase the rehabilitation rate. As we see in the film, it was poorly set up for that and the recidivism rate stayed high. It also ensured that some very dangerous people (particularly some notable serial killers who graduated from aggravated rape to murder thanks to sentences that were essentially pled or paroled down to slaps on the wrist) ended out on the street when they should have stayed in prison.
The problem is that the real way to "fix" Dembo was not to create him in the first place, or at least help him go straight when he first entered the system at 17, not 18 years later, once he'd become a hardened criminal who didn't really want to change. We don't know at what point Dembo became a hopeless case, but while we are led to believe he could still change at the beginning of the film, we discover by the end that point of no return had passed long before.
But the whole point of rehabilitation is that some people can reform, and quite late, so we have to at least try. Helping out troubled children and parents, and things like free prenatal care, would help considerably in stopping the cycles of poverty and criminality that usually create Max Dembos, but that pesky human free will probably ensure that some people will go permanently "wrong" very young, may even be doomed from birth, while others might get out after a very long stretch and go straight. And that we may not ever be able to tell, just lower the recidivism rate with sociological solutions as much as we can and support the ones who really do want to change, while protecting the rest of society (which includes prisoners in for non-violent offenses) from the really dangerous cons.
I like that this film starts out apparently one of those 70s films about the plucky, misunderstood ex-con just trying to get by and stay out of trouble (like Steelyard Blues (1973), which I initially mistook this one for, when I started watching it on TCM), and slowly introduces us to the reality that nope, ol' Max is a stone-cold sociopath.
For a complete flip on this, try the excellent British miniseries "The Sins" from 2000, with Pete Postlethwaite. Postlethwaite's character, Len Green, is your typical Brit gangster/bank robber who's been in and out of prison most of his adult life. When he gets out this time, he's determined to go straight, but it's not as easy as all that and every week, his struggles to keep his nose clean are framed in the context of one of the Seven Deadly Sins. He does eventually win through, but it's a long, hard road and you see how tough it is for him.
Regarding the OP's question, I think this is a toughie. The entire film is from Max's POV and, at least on the surface, presents everyone and every situation around him the way he sees it. You have to look under that surface to see how things really are going. So, of course the PO is going to look like a creep because that's how Max sees him. But when you look at his actions (rather than Max's portrait of him), he comes off as maybe being too lenient on Max, not too harsh. And that makes the rest of his portrayal questionable--is he really like that or is this just more of Max's self-justification?
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