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

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

Archive