The Frye standard, Frye test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community. In Daubert
Daubert standard
The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the jury.
What is the Frye standard for scientific evidence?
To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.
What is the Frye test in law?
The Frye standard, Frye test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community. In Daubert v.
Where does the Frye standard come from?
Some states, however, still adhere to the Frye standard. This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of systolic blood pressure deception test as evidence.
What is the Frye standard for admissibility?
Typically, observance of defined and accepted protocols of sample collection, handling and analysis are sufficient to ensure the legal admissibility of the evidence. The Frye standard also applies to the testimony of someone deemed to be an expert in a field that is relevant to the case (i.e., a ballistics expert).
Why is the Frye standard important in forensics and law?
The Frye standard, or general acceptance test, is a test to determine the admissibility of scientific evidence. It provides that expert opinion is only admissible where the scientific technique or methodology is generally accepted as reliable in the relevant scientific community.
When was the Frye standard enacted and what was the main point?
The Frye standard rose out of a 1923 legal decision (Frye v. United States ). The heart of the ruling was as follows: "Just when a scientific principle or discovery crosses the line between experimental and demonstrable stages is difficult to define.
What is the Frye standard and how is it used in court cases quizlet?
What is the Frye standard or Frye test? A test to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only where the technique is generally accepted as reliable in the relevant scientific community.
What happened in the Frye case?
In Frye the court stated that the evidence relating to a scientific principle or discovery is admissible when the principle is established sufficiently to have gained general acceptance in a particular field.
What is the Frye standard and why is it important?
It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community.
What important principle was established in the case of Frye v United States?
Frye v. United States established the principle that questioned procedures, techniques, or principles must be "generally accepted" by a meaningful segment of the relevant scientific community before they are admissible as evidence at trial.
What is the importance of the Daubert principle?
Definition. This is the standard used by a trial judge to assess whether an expert witness's scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.
How did the Frye standard originate?
The Frye standard dates back to the 1923 case of Frye v. United States. Under the Frye standard the court must determine whether the method by which the scientific evidence is gathered is “generally accepted” as reliable by other experts in the relevant scientific community.
What is the Frye standard?
standard. The Frye standard, Frye test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community.
What is the standard for expert testimony in Frye v. United States?
This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of systolic blood pressure deception test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted. The court wrote:
When a scientific principle or discovery crosses the line between experimental and demonstrable stages, is it difficult to define?
Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. (Emphasis added.)
Which rule is used for expert testimony?
As an alternative to this standard, the courts have generally adopted Rule 702 of the Federal Rules of Evidence, as the primary for expert testimony and scientific evidence.
Does Daubert replace Frye?
While Daubert has superseded Frye, the standard of Daubert is not substantially different. While the focus of the inquiry has changed, the result rarely does. Accordingly, the Daubert standard has been described as "Frye in drag ."
What is the Frye standard?
Standard used to determine the admissibility of an expert's scientific testimony, established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). A court applying the Frye standard must determine whether or not the method by which that evidence was obtained was generally accepted by experts in the particular field in which it belongs. The Frye standard has been abandoned by many states and the federal courts in favor of the Daubert standard, but it is still law in some states.
Is the Frye standard still law?
The Frye standard has been abandoned by many states and the federal courts in favor of the Daubert standard, but it is still law in some states. wex. THE LEGAL PROCESS. civil procedure. courts. criminal law. criminal procedure. evidence. wex definitions.
What is the Frye standard?
The Frye Standard and Rule 702 of the Federal Rules of Evidence. During the twentieth century, as science advanced, the legal system “attempted to develop coherent tests for the admissibility of scientific evidence.”. The first notable development occurred in 1923 with the issuance of the landmark decision in Frye v.
When was Frye's rule of evidence promulgated?
Frye imposes a special burden: the technique must be “generally” accepted by the relevant scientific community. In 1975, more than a half-century after Frye was decided; the Federal Rules of Evidence were promulgated to guide criminal and civil litigation in federal courts.
What is the first version of Rule of Evidence 702?
The first version of Federal Rule of Evidence 702 provided that: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form ...
When was Frye v. United States first ruled?
The first notable development occurred in 1923 with the issuance of the landmark decision in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a federal case decided by the District of Columbia Circuit in 1923.
Is the Frye standard enough?
Thus, under the Frye standard, it is not enough that a qualified individual expert, or even several experts, testify that a particular technique is valid. Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. Frye imposes a special burden: the technique must be “generally” accepted by ...
Overview
The Frye standard, Frye test, or general acceptance test is a test used in United States courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community. In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the United States Supreme Court held that the Federal Rules of Evidence superseded Frye as th…
History
This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of systolic blood pressure deception test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted. The court wrote:
Just when a scientific principle or discovery crosses the line between the experimental and dem…
Definition
To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.
In practical application of this standard, those who were proponents of a widely disputed scientifi…
Commentary
While Daubert has superseded Frye, the standard of Daubert is not substantially different. While the focus of the inquiry has changed, the result rarely does. Accordingly, the Daubert standard has been described as "Frye in drag."
Difficulty in the application of this standard has produced questions about whether or not the standard is flexible enough to adapt to truly new and novel scientific issues, where "general" or "…
See also
• Daubert standard, a later precedent for the admissibility of expert testimony
• Objective historian
External links
• Admissibility of Scientific Evidence Under Daubert (compares the Daubert and Frye standards, and their usage in different parts of the U.S.)
• Frye, Frye, Again: The Past, Present, and Future of the General Acceptance Test