I didn't mind starting out with Lex being a successful businessman who is actually corrupt. That wasn't a far cry from what he had been sometimes in pre-Crisis stories. But at some point I wanted him to get caught and stuck in prison.
The Luthor I first knew was the guy in prison greys. The interesting thing about him--which Maggin later expanded on--was that he could get out of prison anytime that he wanted. He just stayed in prison until he had a good reason to leave--usually some new plot he had come up with.
As we've learned from gangster movies, there's just as many great stories to be told about gangsters in prison as on the outside. And I think that would have made for a splendid ongoing plot--where Luthor is in prison, but he's conducting his criminal enterprises from inside.
It's an interesting turn--because you can't really get mad at Superman for not doing his job--Lex is in prison--yet it shows the genius of Luthor that he is still in control even when he's in lock-down. Something that SUPERGIRL showed in its fourth season--to my everlasting surprise, as I don't give that show much credit for being inventive.