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

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

Archive