MovieChat Forums > Cape Fear (1991) Discussion > When Sam tells Max Cady in a car that...

When Sam tells Max Cady in a car that...

posted 7 years ago by TheMan18 (12480)
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... there is a death penalty for rape ("Rape is a capital offense, you could've gotten death, you could be sitting on death row right now"), even though we know that MOSTLY it ISN'T true, in the context of the scene, it can be merely interpreted as Sam Bowden attempting to justify to Max Cady that he did all he CAN to give him a lesser sentence, but could his speech also, to an extent at least, imply that...

Whilst it (sadly and unfortunately, as many would say) isn't the case as far as officially established LAW is concerned, it does mean that as far as CIVILIZED SOCIETY is concerned, and with the ways in which it impacts the victims, people have a great sense of justified repulsion and a wish for such individuals as Max Cady to die for their violent deeds and that in a way, the lawyer Sam Bowden was expressing his inner HATRED for Max Cady and what he's done by metaphorically saying that "America has a death penalty for rape", even though it actually does not REALLY have it, but maybe Sam Bowden thinks America, and civilized WORLD for that matter, SHOULD, since we sadly cannot just wish for these things, and even lesser injustices, for these things not to happen in the FIRST place.

Watching it with modern eyes, I couldn't help but interpret at least to an extent Sam Bowden (Nick Nolte's) speech that way, as if he was saying that part of wishful thinking on behalf of civilized society (yes, I am aware there a sadly a LOT of people including laws that think OTHERWISE, but I do NOT refer to THEM as "civilized" but that's another story) and expressing in a way great frustration and anger an Max Cady's actions.

Anyone else think that, or am I perhaps reading a little too much into it?

[–] TheMan18 (12480) 7 years ago

Besides, often in order TO have the individual sentenced to death for it if say there may be SOME rare cases or precedents where it is both possible and has to be considered necessary, the law anywhere, even in most civilized of countries albeit with existence of harsh punishments for crimes as these for the benefits of civilized people and societies as such, there has to be tons of EVIDENCE to ensure that a) it REALLY happened without and beyond reasonable doubt and b) the fact that this individual is DEFINITELY guilty, unless there are OBVIOUS cases where they left videos of it and whatnot, and all of it doesn't JUST happen in a matter of minutes and hours and based on someone's word or even a witness testimony.

At least in cases of murder, and later Max Cady even DOES commit some as well but that's another story, there often IS enough evidence that is easy to obtain and determine a perpetrator's guilt to determine a life or even a death sentence. Regardless of whether or not some states do or do not have it.

Sadly though, and this movie also kind of proves it, a lot of criminals, though unpleasant people AND a danger to society due to the harms they cause, are able to somehow and sometimes manipulate their ways through laws and get away with it. I wonder how often as teens they fooled their grandmothers or teachers in lesser cases when they were simply naughty and avoided getting grounded or smacked?

And as much as I know that indeed this will also mean that we will have that way no one to punish in the end, I still wish that, prison, death sentence, ruined reputation etc aside, however deserved (and no offense of course to any victims of violent crime and this as well), these things did not happen IN the first place, and no one was hurt. Aggressive people and men especially should go and buy a punching bag instead.