What is the Frye Doctrine?
Asked by: Milan Crist | Last update: February 4, 2026Score: 5/5 (72 votes)
Frye Standard is used to determine the admissibility of an expert's scientific testimony and other types of evidence, established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
What is the Frye principle?
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 demonstrable stages is difficult to define.
What's the difference between Frye and Daubert?
While Frye focuses solely on whether the expert's methodology opinion is generally accepted in the scientific community, Daubert requires the trial judge, who is charged with acting as the gatekeeper, to engage in a more complex inquiry of reliability that underlies an expert's opinion through a variety of factors.
What is the Frye record in court?
This standard was established in the Frye case, where the court ruled against the use of a polygraph test because the technique had not yet been widely accepted by the scientific community. The key takeaway is that the methodology, not the conclusion, must pass the test of general acceptance.
Why is Frye v. United States important?
United States. Significance: This appellate ruling held that polygraph results are inadmissible in court. The appeals court also introduced a new standard for the admissibility of new or novel scientific evidence in court, which came to be known as the general acceptance standard.
What Is The Frye Standard In Forensic Science? - The Crime Reel
What happened in the Frye case?
Overview Defendant was convicted of second degree murder and argued on appeal that the trial court erred by refusing to allow an expert witness testify as to the result of a systolic blood pressure deception test taken by defendant. The court affirmed defendant's conviction.
What is the main difference between the rulings of Frye v. United States?
Frye stated that all evidence must be generally accepted as reliable in the relevant scientific community. Daubert stated that the rigid requirement of Frye had been superseded by Rule 701 of the Federal Rules of Evidence. Judges could now determine at pretrial if evidence met the Daubert factors.
What are the five Daubert criteria?
These include: (1) whether the technique or theory can be or has been tested, (2) whether the theory or technique has been subject to peer review and publication, (3) the known or potential rate of error, (4) the existence and maintenance of standards or controls, and (5) the degree to which the theory or technique has ...
Is Frye still good 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. The Frye Standard received criticism for preventing reliable technology from being used in courts just because the majority of a field has yet to adopt the technology.
Did Daubert replace Frye?
1923). In 2013, the Florida Legislature, through what has been dubbed the Daubert Amendment, replaced the Frye standard with the Daubert standard. The Daubert standard stems from the United States Supreme Court's decision in Daubert v.
What is a Daubert trial?
Hearing Procedures: The Court, upon request of a party or on its own, may conduct a Daubert hearing. A Daubert hearing permits the parties to examine the challenged expert in open court to develop his or her testimony for purposes of evaluating its admissibility.
What case replaced Frye regarding the admissibility of scientific testimony?
Merrell Dow Pharmaceuticals. The Kelly-Frye Rule was the law of the land until the 1993 Daubert case which found that expert scientific testimony admitted in a federal trial must meet the standard of the Federal Rules of Evidence, not Frye.
Does New York use Frye or Daubert?
The Frye standard is the rule New York uses to decide if expert testimony can be used in court. This standard is different from what many other states use today. While some states have moved on to a newer rule called the Daubert standard, New York still follows Frye.
What is Section 65A and 65B of the Evidence Act?
65A Evidence Act merely postulates that electronic records have to be proved, as per the procedures set out in S. 65B of the Evidence Act. The very purpose of the special provisions has been defeated due to the convoluted phraseology and draftsmanship adapted in formulating S.
What is the rule of hearsay?
(c) Hearsay.
“Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.
What is the Frye theory of symbols?
The method is one of dichotomous division whereby Frye sets up a series of opposing terms within the triadic framework (symbol-narrative-meaning), outlined above. The opposing sets of categories are then used to define, or give content to, the terms “literal” and “descriptive.”
Is Frye or Daubert better?
Frye is straightforward but restrictive. The Daubert standard sets up a framework for expert testimony analysis. Daubert goes beyond general acceptance, considering several criteria. It gives judges a clearer, more flexible scope for evaluating and admitting evidence.
What happens at a frye hearing?
A Frye Hearing evaluates whether scientific evidence is admissible based on general acceptance in the relevant field. The disposition reveals if the court accepted or rejected the evidence.
Do federal courts use Frye or Daubert?
The federal court system exclusively follows Daubert while state courts are divided between the two. Interestingly, each state has taken on its own interpretation of these two benchmark cases, making the admissibility of expert testimony more variable between jurisdictions.
What are the 4 types of evidence in court?
Evidence traditionally comes in four main areas in a criminal case – physical evidence, documentary evidence, demonstrative evidence and testimonial evidence. Let's review each of these forms of legal evidence and how you can help your legal counsel in your defense.
What is the Kumho rule?
Consistently with Kumho, the Rule as amended provides that all types of expert testimony present questions of admissibility for the trial court in deciding whether the evidence is reliable and helpful. Consequently, the admissibility of all expert testimony is governed by the principles of Rule 104(a).
What replaced the Frye standard?
The Daubert Standard supplanted the Frye Standard, which focused primarily on the general acceptance of scientific evidence within a particular field.
How many states use the Frye standard?
Frye States (Minority Rule)
California, Illinois, New York, Pennsylvania, and Washington. Pennsylvania applies Frye based on Grady v. Frito-Lay and Rule 702(c). California continues to use the People v.
Did Daubert overrule Frye?
In 1993, the United States Supreme Court rejected Frye and created a new standard for the admissibility of expert testimony. In Daubert v. Merrell Dow Pharm., Inc., the Court found that Frye did not comply with the Federal Rules of Evidence, and that a stricter test must be used.