(ii) Factors against admitting evidence in the form of a written statement include whether: (a) there is an overriding public interest in the evidence in question being presented orally; (b) a party objecting can demonstrate that its nature and source renders it unreliable, or that its prejudicial effect outweighs its probative value; or.
Judges routinely exclude evidence when its prejudicial effect outweighs its probative value — an odd phrase that can be explained with an example from Hitt's article.
"The pervasiveness of the coverage and its prejudicial effect to Mr. Baca receiving a fair trial by an impartial jury free from outside influence cannot be overstated," Hochman wrote.
And fans of Mecca Cola and Iran's Zam Zam Cola have found a way around Coke's American origins, but may not have considered its prejudicial effects on health.
He also said he would bar the government from introducing an Internet communication in which a co-conspirator discussed with Mr. Valle the cannibalization of a child; the judge said its evidentiary value was "far outweighed by its unfair prejudicial effect".
But Senator Gormley said yesterday that the ruling left unanswered another question: whether Mr. Verniero's announcement of the misconduct charges -- and its possibly prejudicial effect on the grand jury hearing the shooting charges -- could have been avoided altogether by sealing the first indictment until the second panel had decided whether to return an indictment.
But were a poll to compare the responses of Ph.D.s and high-school dropouts to the same question, or were a poll to compare the responses of Ph.D.s ten years ago with the responses of Ph.D.s today, then, he believes, a meaningful result can be obtained: because the same question is used for the two separate groups, whatever prejudicial effect its wording might have will be cancelled out.
While we have previously indicated that work will not start on the review until it is clear it will have no prejudicial effect on any future cases, we are not at that stage yet," the FCA said.
The phrase that several witnesses said they heard him shout before the shooting — "Allahu Akbar," or "God is Great" — is "wildly inflammatory," Mr. Fidell said, raising the possibility that a judge could decide to exclude it to avoid a prejudicial effect.
"The prejudicial effect on the jury was not overcome," it said, leading to a miscarriage of justice.
The experience of film — and, in particular, of music in film — has probably had a prejudicial effect on the way people view live opera.
