Murder in the Mushroom Kingdom: Is Mario a Knight in Shining Armor or a Dangerous Fugitive?

Web Admin - Tuesday, March 25, 2014

illinois criminal defense lawyer mario murderSuper Mario Bros. is one of the best-selling video games of all time, and its story presents an interesting issue of criminal law. In the game, Bowser invades the Mushroom Kingdom, turns all of its inhabitants into inanimate objects, and kidnaps the princess in order to prevent her from undoing the spell. Then, Mario sets off on his quest to free the princess and the kingdom. At the end of the game Mario confronts Bowser, pushing him into a pit of lava to free the princess. This raises the question of whether Mario’s killing of Bowser was a crime or whether it was done out of necessity or self-defense.

The Crimes

After killing Bowser, Mario would likely be charged with some form of homicide. Illinois law breaks homicide down into four categories: first-degree murder, second-degree murder, reckless homicide, and involuntary manslaughter. Of these types of killing, Bowser’s would probably fall into either first or second-degree murder. First-degree murder occurs when a person kills someone either with the intent to kill them or do them serious bodily harm, or when a person kills someone by taking some action that they know will kill or seriously injure the person. Second-degree murder is the same, except that the killing is mitigated by the fact that the killer is either acting under extreme emotional provocation or that the killer has an unreasonable but sincere belief that they have a legal justification for the killing, such as self-defense.

In Mario’s case, it seems most likely that he would be charged with second-degree murder since Bowser had just turned everyone he knew into inanimate objects, which would definitely fall into the serious provocation version of second-degree murder. Furthermore, Mario probably has a strong legal defense to the killing, which he no doubt sincerely believed.

The Defenses

Mario could raise two defenses in his case that would probably allow him to escape with a not guilty verdict: self-defense and necessity. Both of these are covered by the justifiable use of force section of the Illinois Criminal Code. For the purposes of self-defense, a person is allowed to use deadly force only if they reasonably believe it is necessary to prevent “imminent death or great bodily harm” to themselves or another person. Since Bowser had kidnapped the princess and stolen her kingdom that would probably be grounds for reasonable belief that he was going to kill or seriously harm her.

Mario could also use a defense of necessity for the murder, and it would probably succeed. The concept of necessity allows a person to do something that would be criminal if the harm that arises from it is less that the harm that they prevent with the act. Since Mario’s killing Bowser freed the kingdom, and there were no members of law enforcement left, a court would likely find what he did to be necessary.

If, like Mario, you have recently been the subject of criminal charges, seek help from a criminal defense lawyer in Illinois today. We represent accused citizens in the northwest suburban area, including in Rolling Meadows, Arlington Heights, and Schaumburg.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


estate attorney Inverness corporate attorney Rolling Meadows Traffic Lawyer institutional trustee construction contracts Des Plaines DUI attorney Inverness insurance attorney jet ski accidents Barrington estate planning attorney Crystal Lake civil litigation lawyer medical research real estate Illinois criminal defense attorney vacation home Palatine Attorney Illinois employee rights attorney. fault based insurance Buffalo Grove probate lawyer Crystal Lake business law attorneys Barrington litigation attorney Crystal Lake criminal defense attorney Federal Food Drug and Cosmetic Act pet bites Illinois medical malpractice case Illinois insurance lawyer Joliet general practice lawyers Des Plaines insurance attorney Barrington real estate lawyer Illinois attorney college kids liens sole proprietorship DGAA real estate closing caretaker rights Chicago employment lawyer Illinois real estate spinal cord injury Arlington Heights car crash attorneys Long Grove real estate lawyer Arlington Heights Attorney Illinois car accident attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace landlord tenant law truck collisions Deer Park traffic accident attorney taxes dealing with problem employees Rolling Meadows rollover car crashes wills and trusts Arlington Heights wills and trusts lawyer underfunded trust denied insurance claims employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Buffalo Grove corporate attorney Illinois traffic ticket lawyer DMV Home Remodeling Repair Act whistleblower protections distracted driving accident victims expungement Rolling Meadows boating crash lawyer insurance claim dispute attorney Crystal Lake medical malpractice attorneys Illinois tax attorney contracts Inverness real estate lawyer overtime pay home inspection lawyer DUI defense employee discrimination BAIID no contest clauses Barrington injury attorney Illinois insurance claim dispute lawyer Inverness personal injury attorney traffic violations defense unpaid overtime Crystal Lake traffic lawyer Illinois traffic attorneys wrongful termination Food and Drug Administration's Food Safety Modernization Act cell phone tower data Illinois employment lawyer Illinois personal injury lawyer living trust back injuries Des Plaines motorcycle accident attorney Self-Directed IRA Accounts Buffalo Grove real estate attorney preventable medical errors Rolling Meadows drug defense attorney Palatine corporate law attorneys internet foreclosure llinois Real Estate Lawyers Association Palatine drug lawyer mass shooting Schaumburg elder law lawyer subcontractor independent contractor healthcare blended families car accident lawyers drug crimes lawyer ken apicella Schaumburg probate attorney IRS financial advisors DNR Inverness elder law lawyer bicycle dooring accidents Crystal Lake will lawyer personal injury attorney Arlington Heights trucking lawyer new real estate form Palatine personal injury lawyer workers compensation estate plan Buffalo Grove personal injury attorney Des Plaines personal injury lawyers Illinois elder law attorney product liability Crystal Lake personal injury attorney revenge porn School Visitation Rights Act cell phone accidents Illinois real estate lawyer Barrington medical malpractice lawyers Illinois medical malpractice attorney pregnant women Illinois red light cameras car crash Arlington Heights accident attorney probate fees Illinois rollover accident lawyers modern family estate planning Schaumburg wrongful death attorney drug crimes Palatine probate lawyer Illinois wrongful termination lawyer Illinois workers compensation lawyer insurance negligence reckless homicide estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, boating under the influence Liquor Control Act bad faith insurance claims child safety Transfer on Death Instrument trusts Schaumburg employment law attorneys consent to a search Illinois wills and trusts attorneys ACA pedestrian injuries, pedestrian fatality Schaumburg real estate lawyer Crystal Lake traffic attorney Crystal Lake pedestrian accident lawyer denial of life insurance Illinois traffic laws employment contract personal injury Palatine elder law attorney rumble strips Deer Park personal injury lawyer drunk driving statistics Retaliatory Discharge manufacturing Mt Prospect Attorney Illinois workplace discrimination attorney Rolling Meadows Attorney in terrorem provision business litigation brain injury TBI Chicago estate planning lawyer texting and driving job lawyers dram shop law Long Grove estate planning attorneys Deer Park criminal attorney LLCs Mount Prospect real estate lawyer food poisoning defective products insurance dispute attorney Rolling Meadows marijuana attorney boating accidents Illinois living will Kenilworth estate planning attorney Schaumburg medical malpractice lawyer Illinois insurance claim attorney estate planning Crystal Lake insurance lawyer traffic offenses digital information insurance claim denial Illinois estate planning law firm Rolling Meadows employment attorney PTSD Barrington business law firm mortgage low-ball insurance settlement disability benefits Illinois insurance claim dispute lawyers traffic accidents homestead rights Arlington Heights criminal lawyer appealing an insurance claim Arlington Heights tax lawyer traffic laws Des Plaines real estate lawyer Crystal Lake law firm Illinois insurance disputes pedestrian-automobile accident Buffalo Grove medical malpractice lawyers Des Plaines real estate attorney Illinois mortgages field sobriety test drug crime unfunded trust deed transfer real estate attorneys traumatic brain injury Schaumburg civil litigation attorney Rolling Meadows traffic law firm changes to mortgage law slip and fall accidents Illinois probate lawyer Illinois job attorney Illinois employment law attorney installment contracts natural gas Illinois civil litigation lawyer small business Arlington Heights real estate lawyer Palatine criminal defense lawyer criminal record Crystal Lake injury attorney car crashes first degree murder Barrington employment law attorney Buffalo Grove traffic lawyers Palatine traffic lawyer wills distracted driving accidents license suspension privacy Des Plaines Illinois employment law firm Deer Park accident attorney Illinois pedestrian accident attorney insurance claim Illinois Probate Act of 1975 Rolling Meadows traffic attorney Des Plaines pet law attorney Buffalo Grove personal injury lawyer Buffalo Grove law firm Buffalo Grove traffic attorney head on collisions car accidents condo FMLA Crystal Lake medical malpractice law firm Fair Labor Standards Act hit and run accident defective products lawyer Illinois business law atorneys Inverness accident lawyer Schaumburg estate planning attorney civil litigation attorney estate planning for college students Des Plaines collections attorney POA Crystal Lake employment attorney Colin H. Gilbert Buffalo Grove criminal defense lawyer pedestrian accident Chicago insurance claim attorneys attorney fees Colin Gilbert anesthesia errors Chicago trucking accident attorney probate claims process FSLA Employment Discrimination Law Barrington criminal defense lawyer special needs trust ObamaCare Illinois employment law attorneys Des Plaines civil attorney Illinois home inspection drugs Long Grove real estate attorney guardianship attorney Chicago attorney Chicago lawyer irrevocable trust Schaumburg criminal attorney Fourth of July Illinois driving without license construction accidents Des Plaines accident attorney Illinois will lawyer bike accident Des Plaines drug crimes lawyer personal injury lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois injury lawyer accidental death benefits construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation breathalyzer test Illinois estate planning breach of contract Inverness real estate attorney insurance denial appeals Arlington Heights lawyer motorcycle accident lawyer Illinois workplace lawyer Palatine insurance lawyer civil litigation traumatic brain injuries workplace sexual harassment motorcycle accident vacation home fines Illinois personal injury lawyers loss of consortium unpaid assessment employees Illinois insurance dispute lawyers real estate lawyer sexual images Illinois motorcycle accident lawyer pain and suffering personal injury claims Schaumburg personal injury lawyers insurance adjusters Illinois registered agent Arlington Heights wills and trusts attorneys car crash injuries caregiver CAM residential real estate Illinois Workers’ Compensation Commission Illinois medical malpractice lawyers Palatine injury attorney health insurance dispute icy parking lots texting while driving comparative negligence deadly crashes personal injury claim rest breaks Illinois corporate lawyer Detainer Actions Des Plaines tax law firm comp time Rolling Meadows criminal attorney IRELA drug possession Palatine employment attorney Arlington Heights injury attorney Crystal Lake employment lawyer swimming pools golf accidents commercial leases condo association Illinois employment attorneys Barrington workers compensation attorney nursing home negligence loopholes filing a medical malpractice claim GM ignition switches Long Grove estate planning attorney Illinois lawyer rollover accidents surgical mistakes trench injuries real estate zoning Palatine real estate lawyer healthcare claims denied insurance claim Illinois construction accident attorney uninsured motorist Policy Cancellation Class A misdemeanor Chicago employment attorney car accident lawyer Inverness civil lawyer probate claims Illinois traffic accident lawyer murder defense Palatine law firm cell phone dog bites civil rights violation Barrington attorney landlord Affordable Care Act Palatine estate planning lawyer marijuana crimes attorney Schaumburg construction accident lawyer income distribution deducation Illinois personal injury Crystal Lake car accident lawyer South Barrington real estate attorney license revocation Barrington Illinois estate planning lawyer creditors Schaumburg injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys slip and fall Deer Park traffic lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, forming a corporation in Illinois real estate leasing insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois personal injury attorney life insurance Forcible Entry federal regulations for LLCs liability claims underinsured motorist Barrington employment law firm unauthorized overtime minimum wage employee rights estate planning attorney trucking accidents tax attorney social media after death Illinois speeding lawyer personal injury law firm Rolling Meadows accident lawyer Chicago will attorney Palatine construction attorney Barrington Traffic Lawyer Schaumburg car accident attorney Illinois jet ski accident lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Rolling Meadows real estate attorney insurance disputes foreclosed rental property Rolling Meadows litigation lawyer criminal Palatine employment law lawyer Illinois boating accident lawyer BUI Arlington Heights employment attorney Mount Prospect wills and trusts lawyers workers compensation benefits life insurance lawyer Illinois Wage Payment and Collection Act Palatine trusts lawyer traffic tickets Rolling Meadows tax attorney probate process insurance claim denials Schaumburg trucking accident lawyers driving commercial real estate Deer Park workers compensation lawyer DUI attorney Landlord Tenant Ordinance hiring employees startup company Illinois Des Plaines Traffic Lawyer marijuana murder charges premises liability Rolling Meadows personal injury attorney medical malpractice boating DUI Chicago insurance law firm trustee fatal car accidents controlled substance insurance dispute Whistleblower Claims Crystal Lake bike accident lawyer blood alcohol content criminal defense Buffalo Grove injury lawyer South Barrington real estate lawyer Des Plaines injury law firm Des Plaines claims law firm DUI penalities life insurance policy Illinois trusts attorney Rolling Meadows medical malpractice lawyers Illinois employment law IRA benefits Barrington boating accident attorney Palatine civil attorney traffic crimes Arlington Heights pedestrian accidents elder abuse preventing accidents auto accidents fiduciary rule hands free device Buffalo Grove employment lawyer Arlington Heights medical malpractice lawyer meal breaks natural gas explosion paid sick leave Thanksgiving Des Plaines drug lawyer Schaumburg employment attorney Arlington Heights Traffic Lawyer Kenilworth estate planning attorneys Arlington Heights traffic attorney Schaumburg personal injury attorney liability Chicago traffic lawyer fiduciary rule delay Illinois medical malpractice claim Rolling Meadows insurance dispute lawyers dynasty trusts Illinois collections attorney Chicago biking tips corporate law Des Plaines criminal attorney clemency Mount Prospect elder law attorney Buffalo Grove car accident lawyer Rolling Meadows insurance lawyer drunk driving spinal cord injuries Rolling Meadows corporate lawyer Barrington employment attorney elder law Palatine employment lawyer insurance claim dispute Rolling Meadows employment law attorney advance healthcare directive employment attorney employment law, Illinois employment laws Deer Park motorcycle accident lawyer Rolling Meadows DUI lawyer real estate attorney pay when paid contract bicycle accidents Palatine workers compensation lawyer probate medical marijuana Riverwoods estate planning lawyer pet law insurance agents power of attorney for healthcare medication errors medical malpractice compensation Schaumburg criminal law attorney traffic violations Exclusions estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Schaumburg insurance lawyers BAC Schaumburg estate attorney Des Plaines personal injury lawyer Deer Park employment law attorney Schaumburg corporate attorney Illinois traffic attorney trauma after an accident Crystal Lake pet attorney Illinois Smoke Detector Act Illinois DUI attorney right to work employee misclassification digital evidence crossover accidents Crystal Lake medical malpractice lawyer Crystal Lake accident attorney Arlington Heights TBI attorney car collision Illinois Sales Representative Act Palatine traffic accidents suspended license gift taxes living wills pizza emoji license sexual harassment Attorney Ken Apicella Deer Park medical malpractice attorney estate tax Rolling Meadows business lawyer employment lawyer Illinois bicycle safety operating agreements Long Grove wills and trusts attorneys Illinois LLC creation Kenilworth estate planning lawyer living trust vs will Chicago car accident lawyer products liability Deer Park real estate law firm murder Illinois Human Rights Act insurance agent negligence involuntary manslaughter Barrington criminal lawyer Arlington Heights personal injury lawyer Crystal Lake tax lawyer personal injury accidents Barrington personal injury attorney Inverness traffic law firm estate planning trusts trust payments Illinois Transfer on Death Instrument Crystal Lake car accident attorney eluding a police officer Illinois business lawyer Palatine civil litigation lawyer Crystal Lake estate planning lawyer automated cars Deer Park DUI lawyer insurance claims life insurance claims Arlington Heights car accident lawyer digital assets Arlington Heights estate planning attorney Schaumburg traffic lawyer Barrington personal injury lawyer Barrington drug crime attorney Super Mario commercial leasing Do Not Resuscitate underage DUI Arlington Heights employment law attorneys Rolling Meadows insurance attorney Rolling Meadows personal injury lawyer Arlington Heights wills and trusts lawyers investment property Schaumburg personal injury lawyer employment law Rolling Meadows insurance dispute lawyers, insurance dispute real estate contract Legal Info Arlington Heights wills and trusts attorney Illinois trucking safety license reinstatement Schaumburg Attorney Crystal lake insurance dispute attorney Home Sale Contingencies Illinois wills and trusts Rolling Meadows probate lawyer Illinois law digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers severance agreements workers comp work unions traffic deaths owner responsibility insurance denials Inverness estate planning lawyer Crystal Lake employment law attorney probate lawyer rent to own real estate contracts privacy laws Inverness injury lawyer Illinois small business employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois pet lawyer compensatory time Schaumburg estate planning lawyer criminal law Chicago estate planning Rolling Meadows employment law attorneys Barrington civil litigation attorney Inverness DUI lawyer living trust benefits Rolling Meadows personal injury lawyers Jay Andrew Illinois workers compensation attorney Arlington Heights insurance attorney overtime violations car accident Rolling Meadows estate planning attorney Barrington estate planning lawyer power of attorney agent Family Medical Leave Act senior citizens Palatine corporate attorney Palatine business attorney Des Plaines medical malpractice attorney Buffalo Grove insurance claim dispute lawyers medical malpractice claims pedestrian accidents Arlington Heights personal injury attorney Chicago corporate attorney insurance claim delay jet ski Rolling Meadows car accident lawyers estate planning lawyer IRA trust transfer Palatine punch death Crystal Lake personal injury lawyer Illinois estate planning attorney Inverness probate lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers capital gains tax federal crimes speeding problem employees wage theft Illinois insurance claims lawyers Illinois insurance attorney Illinois defective products attorney Rolling Meadows criminal lawyer wrongful death DUI Long Grove estate planning Des Plaines personal injury attorney Schaumburg drug defense lawyer insurance attorney holiday statistics Illinois employment laws