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.
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.
"The prejudicial effect on the jury was not overcome," it said, leading to a miscarriage of justice.
On the other hand, hemoconcentration, defined in a recent Cochrane review as values of hemoglobin >130 g/L at the 2nd trimester of gestation [ 4], has been associated with prejudicial effects in the mother and fetus.
However, dialysis may in itself, also have prejudicial effects on the nervous system.
Thus, the European Court of Human Rights (ECHR) has held that "[w]hen a general policy or measure has disproportionately prejudicial effects on a particular group, it is not excluded that this may be considered as discriminatory notwithstanding that it is not specifically aimed or directed at that group".
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.
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.
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.
"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.
