Frye Standard
Encyclopedia
The Frye standard, Frye test, or general acceptance test is 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. In Daubert v. Merrell Dow Pharmaceuticals
, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules of Evidence
superseded Frye as the standard for admissibility of expert evidence in federal courts. Some states, however, still adhere to the Frye standard.
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 opined:
(Emphasis added.)
In many but not all jurisdictions, the Frye standard has been superseded by the Daubert standard
. States following the Frye standard include Alabama, Arizona, California, Florida, Illinois, Kansas, Maryland, Minnesota, New Jersey, New York, Pennsylvania, and Washington.
In practical application of this standard, those who were proponents of a widely disputed scientific issue had to provide a number of experts to speak to the validity of the science behind the issue in question.
Novel techniques, placed under the scrutiny of this standard forced courts to examine papers, books and judicial precedents on the subject at hand to make determinations as to the reliability and "general acceptance."
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 "widespread" acceptance may not yet be garnered. On the other hand, whether new and novel allegedly scientific issues are matters of relevance to the court has been questioned.
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.
Admissibility
Admissibility may refer to:* Admissible evidence, evidence which may be introduced in a court of law.* Admissible decision rule, in statistical decision theory, a rule which is never dominated.* Admissible rule, in logic, a type of rule of inference....
of scientific evidence
Scientific evidence
Scientific evidence has no universally accepted definition but generally refers to evidence which serves to either support or counter a scientific theory or hypothesis. Such evidence is generally expected to be empirical and properly documented in accordance with scientific method such as is...
. 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. In Daubert v. Merrell Dow Pharmaceuticals
Daubert v. Merrell Dow Pharmaceuticals
Daubert v. Merrell Dow Pharmaceuticals, is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts...
, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
superseded Frye as the standard for admissibility of expert evidence in federal courts. Some states, however, still adhere to the Frye standard.
History
This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of polygraphPolygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...
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 opined:
(Emphasis added.)
In many but not all jurisdictions, the Frye standard has been superseded by the Daubert standard
Daubert Standard
The Daubert standard is 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...
. States following the Frye standard include Alabama, Arizona, California, Florida, Illinois, Kansas, Maryland, Minnesota, New Jersey, New York, Pennsylvania, and Washington.
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 scientific issue had to provide a number of experts to speak to the validity of the science behind the issue in question.
Novel techniques, placed under the scrutiny of this standard forced courts to examine papers, books and judicial precedents on the subject at hand to make determinations as to the reliability and "general acceptance."
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 is occasionally referred to 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 "widespread" acceptance may not yet be garnered. On the other hand, whether new and novel allegedly scientific issues are matters of relevance to the court has been questioned.
As an alternative to this standard, the courts have generally adopted Rule 702 of the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
, as the primary for expert testimony and scientific evidence.
See also
- Daubert standardDaubert StandardThe Daubert standard is 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...
, a later precedent for the admissibility on expert testimony.
External links
- Admissibility of Scientific Evidence Under Daubert (compares the Daubert and Frye standards, and their usage in different parts of the U.S.)