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


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