I didn't mind the Max situation so much. Life doesn't always give the bad guy what is coming to them. We were presented with a fairly real situation in which, in order to progress, Ben had to make a tough decision. No matter how much it may have hurt, he had to let Max go for the greater good. Ben was facing very harsh conditions:
1.) He didn't have time to deal with Max because Max was the much lesser of two evils, and
2.) Ben didn't have any realistic way to punish Max. Ben is obviously far weaker, and he had nothing in his possession he could have used to overcome Max's strength.
However, the whole Alice getting mad at Ben thing bugged me a bit too, but for an entirely different reason. Wasn't it more an assisted suicide than a murder? I realize I'm opening up a whole new can of worms here, but I'm bothered by the fact this is never brought up in the end dialogues. Perhaps it was Ben's immediate satisfaction with killing Genovese for revenge that made it murder, but I thought it was pretty jarring when Genovese thanked Ben for killing him. I'm guessing he was happy to have one less sin on his soul after he'd found out all his ruthless killing was for nothing. In any case, though, I guess if one took the situation at face value, Ben did in fact kill the man and that is the truth of the situation. Still, it's something I'm still thinking about.