''The Criminal Code'' is a 1931 American

pre-Code Pre-Code Hollywood was the brief era in the Cinema of the United States, American film industry between the widespread adoption of sound in film in 1929LaSalle (2002), p. 1. and the enforcement of the Motion Picture Production Code censorshi ...

romantic

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...

drama Drama is the specific mode of fiction represented in performance: a play, opera, mime, ballet, etc., performed in a theatre, or on radio or television.Elam (1980, 98). Considered as a genre of poetry in general, the dramatic mode has been ...

film directed by

Howard Hawks Howard Winchester Hawks (May 30, 1896December 26, 1977) was an American film director, producer and screenwriter of the classic Hollywood era. Critic Leonard Maltin called him "the greatest American director who is not a household name." A v ...

and starring

Walter Huston Walter Thomas Huston ( ;According to the Province of Ontario. ''Ontario, C ...

and

Phillips Holmes Phillips Raymond Holmes (July 22, 1907 – August 12, 1942) was an American actor. For his contributions to the film industry, he was posthumously given a star on the Hollywood Walk of Fame in 1960. Early life, education and career Born in ...

. The screenplay, based on a 1929 play of the same name by

Martin Flavin Martin Archer Flavin (November 2, 1883 – December 27, 1967) was an American playwright and novelist. Biography Flavin was born on November 2, 1883, in San Francisco, California. He was a Sigma Chi at the University of Chicago, which he atte ...

, was written by

Fred Niblo Jr. Fred Niblo Jr. (January 23, 1903 – February 18, 1973) was a successful American screenwriter. He received an Academy Award for Best Adapted Screenplay nomination for the film ''The Criminal Code'' (1931) with Seton I. Miller. Niblo retired fr ...

and

Seton I. Miller Seton Ingersoll Miller (May 3, 1902 – March 29, 1974) was an American screenwriter and producer. During his career, he worked with film directors such as Howard Hawks and Michael Curtiz. Miller received two Oscar nominations and won once f ...

, who were nominated for Best Adaptation at the

4th Academy Awards The 4th Academy Awards were held on November 10, 1931 by the Academy of Motion Picture Arts and Sciences, awarding films released between August 1, 1930, and July 31, 1931. '' Cimarron'' was the first Western to win Best Picture, and would rema ...

but the award went to

Howard Estabrook Howard Estabrook (born Howard Bolles, July 11, 1884 – July 16, 1978) was an American actor, film director and producer, and screenwriter. Biography Born Howard Bolles in Detroit, Michigan, Howard Estabrook began his career in 1904 as a stag ...

for Cimarron. The film is the first of three

film adaptation A film adaptation is the transfer of a work or story, in whole or in part, to a feature film. Although often considered a type of derivative work, film adaptation has been conceptualized recently by academic scholars such as Robert Stam as a dial ...

s of the play released by

Columbia Pictures Columbia Pictures Industries, Inc. is an American film production studio that is a member of the Sony Pictures Motion Picture Group, a division of Sony Pictures Entertainment, which is one of the Big Five studios and a subsidiary of the mu ...

. It was followed by ''

Penitentiary A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correcti ...

'' (1938) and ''

Convicted In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is consid ...

'' (1950).

Plot

Six years of hard labor in the prison

jute Jute is a long, soft, shiny bast fiber that can be spun into coarse, strong threads. It is produced from flowering plants in the genus ''Corchorus'', which is in the mallow family Malvaceae. The primary source of the fiber is ''Corchorus olit ...

mill has taken its toll on young Graham, convicted of manslaughter after a drunken brawl. The penitentiary's

doctor Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** ...

and

psychiatrist A psychiatrist is a physician who specializes in psychiatry, the branch of medicine devoted to the diagnosis, prevention, study, and treatment of mental disorders. Psychiatrists are physicians and evaluate patients to determine whether their sy ...

recommends that he be offered a change of duties before psychological damage become irreversible. When the warden recalls that it was he, as district attorney, that helped put him behind bars, he makes him his valet. Graham enjoys the change, especially the company of the warden's pretty young daughter, Mary. One of Graham's cellmates tries to escape with two others but one is a

stool pigeon An informant (also called an informer or, as a slang term, a “snitch”) is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law-enforcement world, where informan ...

and inadvertently gives away the plan. The guards shoot dead one escapee. Ned Galloway, Graham's other cellmate, vows to avenge this death, planning to murder the informer and warning Graham to stay away from him. However, Graham walks in on the crime. Despite finding him with the body, the warden believes that Graham is not the murderer but knows who is. Promising him parole, the warden demands the name of the killer. Graham remains loyal to the Prisoner's

Code of silence A code of silence is a condition in effect when a person opts to withhold what is believed to be vital or important information voluntarily or involuntarily. The code of silence is usually followed because of threat of force or danger to onesel ...

so the warden sends him to " the hole," hoping it will change his mind. Mary returns from a trip and is shocked when she finds out Graham has been punished. She proclaims her love for him and urges his release. The warden promises to do so but meanwhile Captain Gleason is putting pressure on Graham to confess. Galloway is grateful that Graham has stayed true and arranges to be sent to the hole and protect him by killing Gleason, for whom he had a longstanding grudge.

Cast

Walter Huston Walter Thomas Huston ( ;According to the Province of Ontario. ''Ontario, C ...

as Mark Brady *

as Robert Graham *

Constance Cummings Constance Cummings CBE (May 15, 1910 – November 23, 2005) was an American-British actress with a career spanning over 50 years. Early life Cummings was born in Seattle, Washington, the only daughter and younger child of Kate Logan (née Cu ...

as Mary Brady *

Boris Karloff William Henry Pratt (23 November 1887 – 2 February 1969), better known by his stage name Boris Karloff (), was an English actor. His portrayal of Frankenstein's monster in the horror film ''Frankenstein'' (1931) (his 82nd film) established h ...

as Ned Galloway *

DeWitt Jennings DeWitt Clarke Jennings (June 21, 1871 – March 1, 1937) was an American film and stage actor. He appeared in 17 Broadway theatre, Broadway plays between 1906 and 1920, and in more than 150 films between 1915 and 1937. Biography He was born ...

as Yard Captain Gleason * Mary Doran as Gertrude Williams *

Ethel Wales Ethel Wales (April 4, 1878 – February 15, 1952) was an American actress who appeared in more than 130 films during her 30-year career. Biography Born in 1878 in Passaic, New Jersey, Wales graduated from "Wisconsin university". Wales had ...

as Katie Ryan * Clark Marshall as Runch *

Arthur Hoyt Arthur Hoyt (March 19, 1874 – January 4, 1953) was an American film character actor who appeared in more than 275 films in his 34-year film career, about a third of them silent films. Career Born in Georgetown, Colorado, in 1874, Hoyt ma ...

as Leonard Nettleford *

John St. Polis John M. St. Polis (born John Marie Sainpolis; November 24, 1873 – October 8, 1946) was an American actor. Biography St. Polis was born in New Orleans, Louisiana. Before starting his film career, he made a name for himself on the Broadway ...

as Dr Rinewulf *

Paul Porcasi Paul may refer to: *Paul (given name), a given name (includes a list of people with that name) *Paul (surname), a list of people People Christianity *Paul the Apostle (AD c.5–c.64/65), also known as Saul of Tarsus or Saint Paul, early Chris ...

as Tony Spelvin *

Otto Hoffman Otto F. Hoffman (May 2, 1879 – June 23, 1944) was an American film actor. He appeared in almost 200 films between 1915 and 1944. He was born in New York City and died in Los Angeles, California, from lung cancer. Hoffman's Broadway credit ...

as Jim Fales * John Sheehan as McManus

Production

''The Criminal Code'', based on a successful play by

. ''The Criminal Code'' was adapted for the screen by

and Fred Niblo, Jr., son of director

Fred Niblo Fred Niblo (born Frederick Liedtke; January 6, 1874 – November 11, 1948) was an American pioneer film actor, director and producer. Biography He was born Frederick Liedtke (several sources give "Frederico Nobile", apparently erroneously) in Yo ...

. The original play by

San Francisco Bay Area The San Francisco Bay Area, often referred to as simply the Bay Area, is a populous region surrounding the San Francisco, San Pablo, and Suisun Bay estuaries in Northern California. The Bay Area is defined by the Association of Bay Area Go ...

native author and playwright Martin Flavin was produced on

Broadway Broadway may refer to: Theatre * Broadway Theatre (disambiguation) * Broadway theatre, theatrical productions in professional theatres near Broadway, Manhattan, New York City, U.S. ** Broadway (Manhattan), the street **Broadway Theatre (53rd Stree ...

in 1929 at the

Belasco Theater The Belasco Theatre is a Broadway theater at 111 West 44th Street, between Seventh Avenue and Sixth Avenue, in the Theater District of Midtown Manhattan in New York City. Originally known as the Stuyvesant Theatre, it was built in 1907 and d ...

, who delivered a strong performance in the stage play, is recast here as Galloway. This film accelerated his career: though appearing in dozens of pictures during the 1920s, he had mostly been cast in bit parts. ''The Criminal Code'' was the first of Hawks' four collaborations with

Harry Cohn Harry Cohn (July 23, 1891 – February 27, 1958) was a co-founder, president, and production director of Columbia Pictures Corporation. Life and career Cohn was born to a working-class Jewish family in New York City. His father, Joseph Cohn, wa ...

, the others being ''

Twentieth Century The 20th (twentieth) century began on January 1, 1901 ( MCMI), and ended on December 31, 2000 ( MM). The 20th century was dominated by significant events that defined the modern era: Spanish flu pandemic, World War I and World War II, nuclear ...

'' (1934), ''

Only Angels Have Wings ''Only Angels Have Wings'' is a 1939 American Adventure film, adventure drama (film and television), drama film directed by Howard Hawks, starring Cary Grant and Jean Arthur, and is based on a story written by Hawks. Its plot follows the manager ...

'' (1939) and ''

His Girl Friday ''His Girl Friday'' is a 1940 American screwball comedy directed by Howard Hawks, starring Cary Grant and Rosalind Russell and featuring Ralph Bellamy and Gene Lockhart. It was released by Columbia Pictures. The plot centers on a newspaper edito ...

'' (1940). It is Hawks' only picture with Frank Fouce, who produced only five films, all released in 1931. Hawks worked with screenwriter Seton Miller several times in the late 1920s and early 1930s. This is the only occasion he worked with Niblo, Jr. Stock footage from the film was used by Columbia in the following year's ''Behind the Mask'', which also featured Cummings and Karloff, but in different roles.

Analysis

Though an early

talkie A sound film is a motion picture A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, percep ...

, ''The Criminal Code'' makes a sophisticated use of sound. The intercourse is at times rapid and Hawks uses the emerging technique of overlapping dialogue. Like other prison films of the 1930s, such as ''San Quentin'' (1937) and ''

Each Dawn I Die ''Each Dawn I Die'' is a 1939 Crime film, gangster film directed by William Keighley and starring James Cagney and George Raft. The plot of ''Each Dawn I Die'' involves a crusading reporter who is unjustly thrown in jail and befriends a famous gan ...

'' (1939), ''The Criminal Code'' encouraged its viewers to question the contemporary American legal and penal systems. Hawks exploits the prison genre to illustrate the male friendship and 'group as an organic force' themes often present in his works (cf. ''

'', '' Rio Bravo'', 1959). This is most apparent in the scene in which Brady starts his first day of work as warden, greeted by a prison yard full of men booing him as if they were but one man. The warden (and the camera) peer down on them from the office window. Constance Cummings represents the typical strong and stoic

Hawksian woman The "Hawksian woman" is, in film theory, a character archetype of the tough-talking woman, popularized in film by director Howard Hawks through his use of actresses such as Katharine Hepburn, Ann Dvorak, Ava Gardner, Hedy Lamarr, Rosalind Russell, ...

. She inhabits a masculine world yet prefers to stay and live at the penitentiary.

Adaptations

Radio

''The Criminal Code'' was presented on ''

Philip Morris Playhouse ''Philip Morris Playhouse'' is a 30-minute old-time radio dramatic anthology series.Terrace, Vincent (1981), ''Radio's Golden Years: The Encyclopedia of Radio Programs 1930–1960''. A.S. Barnes & Company, Inc. . P. 214. The program " nerally .. ...

'' March 2, 1952. The 30-minute adaptation starred

Dane Clark Dane Clark (born Bernard Zanville; February 26, 1912September 11, 1998) was an American character actor who was known for playing, as he labeled himself, "Joe Average." Early life Clark was born in Brooklyn, New York City, the son of Jewish imm ...

and

University of Minnesota The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public university, public Land-grant university, land-grant research university in the Minneapolis–Saint Paul, Tw ...

student Peggy Baskerville.

Foreign-language versions

A Spanish-language version entitled ''El código penal'' was directed by

Phil Rosen Philip E. Rosen (May 8, 1888 – October 22, 1951) was an American film director and cinematographer. He directed more than 140 films between 1915 and 1949. He was born in Marienburg, German Empire (now, Malbork, Poland), grew up in Ma ...

, which stars

Barry Norton Barry Norton (born Alfredo Carlos Birabén; June 16, 1905 – August 24, 1956) was an Argentine-American actor. He appeared in over 90 films, starting in silent films from 1925 until his death in 1956. He is perhaps best known for his role a ...

, María Alba, and

Carlos Villarías Carlos Villarías (7 July 1892 – 27 April 1976) was a Spanish actor who was born in Córdoba, Spain, and died in California, United States. His most famous role is in the title role of the Spanish-language version of ''Dracula'' (1931), wi ...

. It had its world premiere in Mexico City on February 19, 1931, followed by its American opening in San Juan, Puerto Rico on March 14, and the New York opening on April 14, 1931. A French version entitled '' Criminel'' was produced in 1932 by Forrester-Parant Productions, and directed by Jack Forrester. It stars

Harry Baur Harry Baur (12 April 1880 – 8 April 1943) was a French actor. Initially a stage actor, Baur appeared in about 80 films between 1909 and 1942. He gave an acclaimed performance as the composer Ludwig van Beethoven in the biopic ''Beethoven's Gr ...

and

Jean Servais Jean Servais (; 24 September 1910 – 17 February 1976) was a Belgian film and stage actor. He acted in many 20th century French cinema productions, from the 1930s through the early 1970s. He was married to Gilberte Graillot, and later actr ...

, and made use of certain scenes from the English-language version.

Remakes

remade the picture as ''

'' (1938). It was directed by

John Brahm John Brahm (August 17, 1893 – October 12, 1982) was a German film and television director. His films include ''The Undying Monster'' (1942), '' The Lodger'' (1944), ''Hangover Square'' (1945), ''The Locket'' (1946), ''The Brasher Doubloon'' (19 ...

starring

Walter Connolly Walter Connolly (April 8, 1887 – May 28, 1940) was an American character actor who appeared in almost 50 films between 1914 and 1939. His best known film is ''It Happened One Night'' (1934). Early years Connolly attended St. Xavier Coll ...

and

John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the s ...

. The film was remade again by Columbia as ''

'' (1950), directed by Henry Levin, and starring

Glenn Ford Gwyllyn Samuel Newton "Glenn" Ford (May 1, 1916 – August 30, 2006) was a Canadian-American actor who often portrayed ordinary men in unusual circumstances. Ford was most prominent during Classical Hollywood cinema, Hollywood's Golden Age as ...

and

Broderick Crawford William Broderick Crawford (December 9, 1911 – April 26, 1986) was an American stage, film, radio, and television actor, often cast in tough-guy roles and best known for his Oscar- and Golden Globe-winning portrayal of Willie Stark in ''All t ...

References

External links

* * * *
New York Times review
''(January 5, 1931)''
Under the Cover of Darkness: Expressionistic Experimentation in Howard Hawks' ''The Criminal Code''
an article by Christopher Weedman, a
''Senses of Cinema''
{{DEFAULTSORT:Criminal Code, The 1931 films 1931 crime drama films 1930s prison films 1931 romantic drama films American black-and-white films American crime drama films American films based on plays American prison drama films American romantic drama films Columbia Pictures films 1930s English-language films Films directed by Howard Hawks Romantic crime films 1930s American films