DGAA bLAWg

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


Tags

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

Archive