Subject to Cross

Subject to Cross is a podcast on criminal law hosted by Caroline G. Donato and Peter E. Kratsa, both attorneys from the law firm, MacElree Harvey, Ltd. in West Chester, PA. Criminal defense practitioners work to ensure a fair process and outcome for all individuals. Our state and federal constitutional rights encourage fairness. In this country, we all have the same rights. If the system fails for one, it fails for all. As criminal defense lawyers, we fight to make the system work; to make it fair. That’s why what we do matters. Our mission with this podcast is to put you, the listeners, on the ground floor of that process so that we, and you, can help make it better. If you have questions you would like us to address on the podcast, email SubjectToCross@macelree.com

Episode 46: Clearing Criminal Records

This week in Episode 46 of Subject To Cross, Pete and Caroline discuss expungement and the expansion of sealing of criminal records in Pennsylvania. What’s the difference between expungement and sealing? How long does it take to seal a record? Can you seal felonies? How is it beneficial? Learn more wherever you listen to podcasts.

04-22
12:51

Episode 45: “Free Meek”

This week in Episode 45, Pete and Caroline discuss changes to probation in Pennsylvania via the Probation Reform Act of 2023. What does probation entail? What happens when you violate probation? Listen and learn on platforms like Spotify, Apple Podcasts, SoundCloud, YouTube, or wherever you get your podcasts.

04-02
25:00

Episode 44: Mental Health and Criminal Justice

This week in Episode 44, Caroline and Pete touch upon the issue of the treatment of mental health in the criminal justice system. Their discussion is triggered by recent news in Dauphin County of inmates facing "two weeks of darkness" in solitary confinement.

03-21
22:50

Episode 43: Confirmation Bias in American Nightmare

This week in Episode 43, Pete and Caroline analyze the popular Netflix series, American Nightmare, covering the 2015 home invasion and kidnapping in Vallejo, California. *Spoiler alert warning* The duo discuss the case in detail from the handling of evidence, interrogation of key witnesses, and management of the case by the Vallejo police force. If you have watched the series, this episode is not one to miss. Email subjecttocross@macelree.com with comments and suggestions for future episodes.

03-14
20:41

Episode 42: The Full Force of the 2nd Amendment

This week, Caroline and Pete discuss the Second Amendment in the post-Bruen era. Did the Supreme Court go too far? Will Pete and Caroline ever see eye-to-eye on this one? Caroline has permission to discuss a case she is currently working on, and explains how she is arguing this constitutional right in court. Listen to Episode 42 wherever you listen to podcasts, and email subjecttocross@macelree.com with any questions or suggestions for next episodes.

03-04
26:34

Episode 41: The Real Deal with Child Abuse Appeals (CYF Appeals)

In Episode 41 of Subject to Cross, Caroline and Pete discuss the muddy waters of child abuse appeals (CYF Appeals). Listen to find out what kind of cases each of them tend to take on and the reality behind this consequential administrative process.

02-16
20:22

Episode 40: Criminal Cases in the News: Manslaughter in New Mexico and Sexual Assault in Canada

In Episode 40 of Subject to Cross, Pete and Caroline pivot to current events discussing actor Alec Baldwin's recent (re-)indictment for manslaughter in New Mexico and charges of sexual assault in Canada against multiple National Hockey League players. A discussion of defense strategies inside and outside the courtroom in high profile cases ensues.

02-09
32:33

Episode 39: PFAs Nowadays

In Episode 39 of Subject to Cross, Pete and Caroline discuss restraining orders in Pennsylvania, also known as PFAs (“Protection from Abuse”). Listen to learn why this civil process can be abused and how it lacks due process for the defense. Pete explains what he would change if he was king of the world. Keep the comments and questions for future episodes coming! Email us at subjecttocross@macelree.com.

01-25
21:21

Episode 38: Murder on the Mind

This week, Caroline and Pete have murder on the mind. They discuss the types of murder and how each is classified in the Pennsylvania court of law.

01-09
17:56

Episode 37: Coloring Outside the Lines

In Episode 37 of Subject to Cross, Pete and Caroline discuss how they approach a case – backwards! Listen to Episode 37 wherever you listen to podcasts, and email subjecttocross@macelree.com with any questions or suggestions for next episodes.

12-30
22:37

Episode 36: Harbingers from the Supreme Court?

This week, Pete and Caroline discuss opinions from the Supreme Court that may impact protections the public now takes for granted. And, Pete gets to use one of his favorite words. Follow along with the conversation by reading the article discussed by Pete and Caroline: "The Supreme Court’s Right Flank Is Laying the Groundwork to Dismantle Defendant Rights": bit.ly/49AptIn

11-17
15:45

Episode 35: “But, Officer, I Have A Medical Marijuana Card!”

This week, Caroline and Pete discuss the conflict of Pennsylvania’s legalization of medical marijuana with the Commonwealth’s DUI statute. Can you legally drive in Pennsylvania as a medical marijuana user? Or, how about as a lawful user of recreational marijuana in other states? Can these laws be reconciled?

11-03
18:25

Episode 34: Pete in the Hot Seat

Subject to Cross is back from summer break and Pete is in the hot seat subject to an interview by Caroline. Her questions are unexpected and his answers may surprise you.

10-23
17:51

Episode 33: Obscure Crimes Quiz

This week, Pete quizzes Caroline on some "obscure crimes" in the Commonwealth of Pennsylvania. The questions are bizarre, and the answers may surprise you... Listen to Subject to Cross wherever you listen to podcasts and email subjecttocross@macelree.com with your feedback or suggestions for future episodes.

08-03
22:02

Episode 32: Money Grab On Interstate 80

Pete leads the podcast this week, discussing the concept of "civil forfeiture". As cited in recent news, police in Nebraska are using a loophole to seize millions from motorists without convicting them of crimes. The original article can be found here: bit.ly/3Kpi5or

07-25
22:42

Episode 31: Let the Dissent Set Him Free

Pete and Caroline discuss Jones v. Hendrix, the June 2023 majority opinion that requires an innocent person to remain incarcerated because he sought appellate relief too many times.

07-12
12:41

Episode 30: The Crossfire of Victim Rights and Fundamental Fairness

In Episode 30 of S2X, prompted by listener feedback, Caroline and Pete discuss the internationally recognized case made famous by popular podcast "Serial" - the case of Adnan Syed. Summary: Adnan was convicted of first degree murder of his ex-girlfriend, Hae Min Lee, and sentenced to life +30 years in jail. Decades later his conviction was vacated and he was released. Fast forward to March 2023, evidence and procedural mechanisms allowing for victim input have brought the case back to the spotlight and caused quite a stir. If you were a listener of Serial, this episode is a must-listen.

07-07
26:30

Episode 28: Justice Can Also Mean Not Guilty

In Episode 28 of Subject To Cross, Caroline, Pete and special guest Mary Lawrence discuss a recent trial defending a student wrongfully accused of rape and ultimately acquitted by jury. Listen on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts.

06-14
30:12

Episode 29: Reputation on the Line

In episode 29 of Subject to Cross, Caroline and Pete use their expertise to tackle a recent case involving former Buffalo Bills punter Matt Araiza and show the trouble with jumping to conclusions. Follow along with the quotes and evidence discussed during the episode: yhoo.it/3qdjVkY Search Subject to Cross podcast "Episode 29: Reputation on the Line" wherever you listen to podcasts.

05-26
29:22

Episode 28: Justice can also mean Not Guilty

In Episode 28 of Subject To Cross, Caroline, Pete and special guest Mary Lawrence discuss a recent trial defending a student wrongfully accused of rape and ultimately acquitted by jury. Listen on Apple Podcasts, Spotify, YouTube or wherever you get your podcasts.

05-12
32:03

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