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

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

Archive