The experience of film — and, in particular, of music in film — has probably had a prejudicial effect on the way people view live opera.
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.
But Judge Mukasey decided against holding the developer in contempt because Mr. Silverstein's comments had not affected the jury and the finding could have a "highly prejudicial effect" on the trial.
In a hearing without the jury present, prosecutors and lawyers for Andersen argued about the relevance and possible prejudicial effect of telling the jury about employees who would not testify.
Questions could also be raised about the prejudicial effect of statements by military officials, and even by the commander in chief, President Obama, who spoke of the "murderous and craven acts" at the memorial service.
One issue that could loom large in the case is the risk that statements by those higher in the chain of command can have a prejudicial effect on members of the court-martial, a problem known as unlawful command influence.
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.
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.
But when an "expert" like Leonard tells a jury with little knowledge of science or linguistics that the language in one sample is consistent with the language in another, the prejudicial effect far outweighs any probative value that the observation might have in identifying the murderer.
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".
