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


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