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

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

Archive