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Frye standard
Frye standard
Frye standard
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In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state 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v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the U.S. Supreme Court held that the Federal Rules of Evidence superseded Frye as the standard for admissibility of expert evidence in federal courts.[1] Some states, however, still adhere to the Frye standard.

History

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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.[2] The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted.[3] The court wrote:

Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is 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.)

In many but not all jurisdictions, the Frye standard has been superseded by the Daubert standard. States still following Frye include: California, Illinois, Minnesota, New York, Pennsylvania, and Washington.[4] New Jersey follows a model that closely resembles Daubert for civil, criminal and quasi-criminal.[5][6]

Definition

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The court must determine that the scientific evidence is "generally accepted" by a significant portion of the relevant scientific community in order for it to satisfy the Frye standard. This pertains to any methods, ideas, or strategies that could be used during 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

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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."[7]

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.

See also

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References

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Frye standard

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from Grokipedia
The Frye standard, also known as the general acceptance test, is a foundational legal criterion for assessing the admissibility of and expert testimony in courts, originating from the 1923 decision in Frye v. United States. It mandates that the underlying scientific principle or discovery must be "sufficiently established to have gained general acceptance in the particular field in which it belongs" before such evidence can be introduced. This test emerged in a case where defendant James Alphonso Frye, convicted of second-degree , sought to introduce expert testimony based on a systolic blood pressure deception test—an early form of —which the court excluded due to its lack of widespread scientific endorsement at the time. For much of the 20th century, the Frye standard served as the predominant framework in American jurisprudence for evaluating novel scientific methods, such as forensic techniques or psychological assessments, emphasizing peer recognition over individual reliability. Courts applying Frye typically relied on sources like scientific journals, expert surveys, or professional organizations to gauge acceptance, often excluding that had not yet achieved consensus. Its influence extended beyond the District of Columbia, becoming the default in many state courts until the U.S. Supreme Court's 1993 ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., which shifted federal courts to a more flexible reliability-focused approach under Federal Rule of Evidence 702. Despite the rise of the —now adopted by federal courts and over 40 states—the Frye test remains operative in several jurisdictions as of 2025, including , New York, , Washington, and , where it continues to govern the gatekeeping of expert opinions in civil and criminal trials. In these states, Frye prioritizes communal validation to prevent "junk science" from influencing juries, though critics argue it can stifle innovative by favoring established norms over rigorous testing or error rates. The standard's enduring legacy underscores ongoing debates in evidentiary about balancing scientific progress with judicial caution.

Historical Background

The Frye v. United States Case

James Alphonso Frye was indicted in 1922 for the first-degree murder of Dr. Robert Wade Brown, a prominent physician who was shot point-blank in the head outside his home in Washington, D.C., on November 27, 1920. Frye had initially confessed to the crime but later retracted it, claiming innocence. His defense sought to introduce expert testimony regarding the results of a systolic blood pressure deception test, an early precursor to the modern polygraph, which purportedly demonstrated that Frye was telling the truth about his non-involvement in the murder. The , invented by , measured changes in as an indicator of emotional responses associated with deception. , a Harvard-educated attorney and known for his work on and , personally administered the to Frye while he was in custody and offered to testify about its results, arguing that it scientifically proved Frye's innocence. The defense also requested permission to conduct a demonstration of the in open before the . The trial court in the U.S. District Court for the District of Columbia excluded the testimony and denied the request for an in-court demonstration, ruling that the systolic blood pressure test had not yet achieved sufficient reliability for evidentiary purposes. The court sustained the government's objection on the grounds that the technique was novel and lacked established scientific validation. On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed the trial court's decision and Frye's conviction on December 3, 1923, in a unanimous opinion reported at 293 F. 1013. The appellate court held that expert testimony based on scientific principles must meet a threshold of general acceptance within the relevant scientific community to be admissible, thereby establishing what became known as the Frye standard. The opinion emphasized: "Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while 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." This ruling immediately set a for evaluating the admissibility of scientific evidence in federal courts, prioritizing peer recognition over individual assertions, as exemplified by the rejection of Marston's despite his credentials.

Precedents and Context

In the late 18th and early 19th centuries, traditions shaped the admissibility of in American courts, drawing heavily from English precedents like Folkes v. Chadd (), which established that witnesses with specialized scientific could provide opinions on matters beyond ordinary lay understanding. Under these traditions, qualification as an hinged on demonstrated , , , , or , with judges exercising broad discretion to determine relevance and potential helpfulness to the , but without any codified test for the underlying reliability of scientific methods. This approach emphasized practical utility over rigorous scientific validation, allowing courts to admit on while leaving juries to weigh credibility amid often conflicting opinions. By the mid-19th century, courts increasingly encountered novel , such as , which was used to document injuries and scenes for identification purposes. In military cases like those of and William Gemmill in 1865, photographs served as key to identify suspected deserters, marking some of the earliest judicial of photographic in . Similarly, a image of an injured individual was admitted as in 1879, illustrating how transitioned from a novelty to a tool for visual corroboration, though its admissibility often depended on by witnesses rather than inherent scientific reliability. Handwriting analysis also gained traction during this period, particularly in fraud and forgery trials; late 19th-century judges routinely permitted expert opinions on script characteristics, viewing them as comparable to other forms of despite acknowledged limitations in accuracy. As the 20th century dawned, the rise of introduced more sophisticated techniques, including identification, which faced initial admissibility debates influenced by English precedents from the . In , evidence was debated in cases like the 1892 Bertillon system challenges, paving the way for its formal adoption; in the United States, fingerprints were first systematically used for criminal identification around 1903 following the Leavenworth Prison incident, where two similarly named inmates with matching Bertillon measurements were distinguished by prints. The pivotal pre-1923 U.S. case affirming admissibility was People v. Jennings (1911) in , where latent prints on a burglary tool led to the first appellate endorsement of the method as reliable for individual identification, though earlier trial-level uses occurred sporadically in the 1900s. Concurrently, lie detection devices like the emerged, with John A. Larson developing the first modern version in 1921 at the , building on earlier physiological monitoring tools from the late ; at the time, it remained largely experimental and unproven for courtroom use. The absence of uniform standards for scientific evidence admissibility prior to 1923 resulted in highly inconsistent rulings across jurisdictions, as judges applied varying interpretations of principles without a consistent framework for assessing methodological reliability. For instance, while some courts embraced emerging forensics like fingerprints based on practical demonstrations, others excluded similar due to concerns over experimental status or expert bias, leading to fragmented approaches that undermined predictability in trials involving novel . This patchwork of decisions highlighted the need for clearer guidelines, as 's focus on general often permitted unreliable or pseudoscientific to influence outcomes.

Definition and Principles

Core Criteria

The Frye standard establishes that expert testimony based on a scientific technique is admissible in court only if the technique has gained general acceptance as reliable within the relevant . This "general acceptance" test, originating from the 1923 case Frye v. United States, prioritizes techniques that have crossed from experimental to demonstrable status, ensuring that courts rely on established scientific principles rather than unproven innovations. Key components of the standard include identifying the pertinent scientific field, such as or , to define the community whose acceptance is evaluated. Acceptance is assessed through indicators like peer-reviewed publications, consensus among experts, and endorsements from professional organizations, which demonstrate the technique's reliability and widespread use. Critically, the evaluation centers on the underlying of the technique itself, rather than the specific conclusions or interpretations derived from it, to maintain focus on foundational validity. The standard distinctly excludes experimental or novel techniques that lack this broad endorsement, requiring them to achieve sufficient evidential force through scientific validation before admissibility. For example, voiceprint analysis in has been evaluated under Frye by examining its methodological acceptance among acoustical and linguistic experts, with outcomes varying based on demonstrated reliability in the field. Similarly, for enhancing witness memory has undergone scrutiny to determine if its procedures meet general in psychological and neurological communities, often highlighting concerns over and .

Judicial Application

Courts applying the Frye standard typically conduct a pre-trial hearing, known as a Frye hearing, to evaluate the admissibility of novel or . During this hearing, the proponent introduces evidence demonstrating general acceptance within the relevant , such as affidavits, live from qualified , and scholarly journal articles or treatises supporting the . The burden of proof rests with the proponent of the evidence, who must establish that the technique or principle enjoys general acceptance. In assessing general acceptance, courts consider factors such as the number of qualified experts who endorse the method, the frequency and prominence of supportive publications in peer-reviewed journals, and the existence of standardized testing protocols, while deliberately excluding considerations like error rates or the depth of peer review, which are more central to alternative standards. If the court finds general acceptance, the expert testimony or evidence proceeds to trial; otherwise, it is excluded to prevent misleading the jury. Decisions are subject to appellate review under an abuse of discretion standard, where reversal occurs only if the trial court's ruling was arbitrary or unsupported by the record. Although primarily designed for scientific evidence, the Frye standard has limited application in some jurisdictions to novel non-scientific expert opinions, such as those in fields like handwriting analysis or certain medical diagnostics, provided the underlying principles require validation through community consensus; however, exceptions like "pure opinion" testimony may bypass this scrutiny where no novel technique is involved.

Comparison with Other Standards

Daubert Standard

The Daubert standard originated in the 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, where petitioners alleged that the drug Bendectin caused serious birth defects in children. In this ruling, the Court interpreted Federal Rule of Evidence 702 to require that expert scientific testimony be both relevant and reliable, effectively replacing the Frye standard in federal courts by shifting the focus from mere general acceptance to a broader assessment of methodological validity. The decision emphasized that trial judges must serve as gatekeepers to ensure that proffered expert testimony meets these criteria before it is presented to the jury, thereby promoting the admissibility of sound scientific evidence while excluding unreliable or pseudoscientific opinions. Under the Daubert standard, courts evaluate the reliability of expert testimony through a non-exhaustive list of factors derived from the and scientific principles. These include: (1) whether the theory or technique can be and has been tested, assessing its ; (2) whether it has been subjected to peer-reviewed ; (3) the known or potential rate of error; and (4) the existence and maintenance of standards controlling the technique's operation. General acceptance within the relevant —retained from the Frye standard—serves as one such factor but is not dispositive. This flexible framework allows judges to consider additional relevant circumstances, prioritizing the overall reliability of the expert's methodology over rigid prerequisites. The scope of the Daubert standard was expanded in Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), where the held that the gatekeeping obligation applies not only to scientific testimony but also to all forms of expert evidence, including non-scientific fields like and failure analysis. In that case, involving a tire blowout accident, the Court clarified that the reliability factors must be adapted to the specific context of the expertise, ensuring consistent application across diverse domains. In contrast to the Frye standard's singular emphasis on general acceptance, Daubert provides a more flexible, reliability-oriented approach that accommodates emerging scientific methodologies not yet widely embraced by the community. This shift enables the admission of innovative that demonstrates rigorous testing and controls, fostering a balance between scientific progress and judicial caution in evidentiary matters.

Federal Rules of Evidence and Hybrids

The (FRE), particularly Rule 702, govern the admissibility of testimony in federal courts by requiring that such testimony be both relevant and reliable. Under Rule 702, a qualified may offer opinion testimony if it assists the , is based on sufficient facts or data, relies on reliable principles and methods, and applies those principles reliably to the case facts. This framework emphasizes judicial gatekeeping to ensure scientific validity and helpfulness, marking a departure from earlier standards. The adoption of the FRE in 1975 implicitly superseded the Frye standard in federal courts by prioritizing relevance and reliability over mere general acceptance within the . This shift was explicitly confirmed by the U.S. in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), where the Court held that Rule 702 provides the operative test for expert evidence, rendering Frye's "general acceptance" criterion incompatible with the broader inquiry into methodological reliability. Post-Daubert, federal courts have used the decision as a key interpretive guide for applying Rule 702, focusing on factors like testability, , error rates, and operational standards to assess reliability. While federal courts adhere strictly to the Daubert-infused Rule 702, several states have developed hybrid approaches that blend elements of Frye and Daubert to evaluate expert testimony. For instance, Pennsylvania employs a modified Frye standard that incorporates additional reliability assessments, requiring general acceptance of novel scientific methods while scrutinizing the expert's application for foundational soundness, as established in cases like Commonwealth v. Walker (2014). Similarly, Florida transitioned from a pure Frye regime before 2019 to full Daubert adoption via the Florida Supreme Court's ruling in In re Amendments to the Florida Evidence Code (2019), though some hybrid influences lingered in state practice during the interim. These hybrids maintain Frye's emphasis on community acceptance but integrate Daubert-like factors for enhanced judicial oversight. As of 2025, approximately 44 states utilize Daubert or hybrid standards for admissibility, reflecting a broader evolution toward flexible, reliability-focused gatekeeping that combines Frye's conservative acceptance test with Daubert's probing criteria. This prevalence underscores the hybrids' role in balancing scientific rigor with practical judicial efficiency, allowing courts to exclude unreliable while accommodating field-specific nuances. In hybrid jurisdictions, the result is often a more comprehensive scrutiny than pure Frye, promoting evidence quality without fully abandoning general acceptance as a benchmark.

Impact and Legacy

Adoption in Jurisdictions

At the federal level, the Frye standard was effectively abandoned following the U.S. Supreme Court's decision in , which established a new framework under Federal Rule of Evidence 702 emphasizing reliability and relevance; consequently, all federal courts now apply the exclusively for assessing the admissibility of expert testimony. As of 2025, the Frye standard remains the primary test for admissibility of in six states, where courts require that the underlying or technique be generally accepted within the relevant scientific community. These states include (employing the modified Kelly-Frye test), , (using a Frye-Mack hybrid), New York, , and Washington. Several states have shifted away from Frye in recent years, contributing to its gradual decline; for instance, Kansas adopted the Daubert standard in 2014 via the Kansas Supreme Court's ruling in State v. Lyman, which overruled prior Frye precedents. Similarly, Florida transitioned to Daubert in 2019 after the state legislature amended its evidence rules and the Florida Supreme Court upheld the change in DeLisle v. Crane Co., rejecting a return to Frye. Ongoing legislative and judicial debates persist in some Frye-retaining states, such as potential Daubert proposals in Illinois and Pennsylvania, though no further adoptions have occurred by 2025. Internationally, the Frye standard has exerted limited direct influence, as most jurisdictions outside the U.S. have developed their own evidentiary frameworks for expert testimony; however, some countries, including and , incorporate similar "general acceptance" criteria in assessing scientific reliability, drawing conceptual parallels without explicit adoption of Frye. Since 2012, when roughly 12 states primarily relied on Frye, its use has seen a slight decline to the current six, driven primarily by state supreme court decisions and legislative reforms favoring the more flexible Daubert approach.

Criticisms and Evolution

The Frye standard has faced significant criticism for its conservative approach, which often excludes scientifically valid but novel evidence due to a lack of established general acceptance within the relevant field. For instance, early applications of the standard delayed the admissibility of DNA evidence in some jurisdictions, as courts required proof of widespread adoption before permitting its use, even when preliminary studies demonstrated its reliability. Critics argue that this emphasis on "general acceptance" introduces subjectivity, as determinations of consensus can vary based on the experts selected or the timing of , potentially allowing manipulation to bar relevant . Furthermore, the standard overlooks critical aspects of scientific validity, such as error rates and , focusing instead solely on peer recognition without mandating assessments of methodological rigor. In the realm of forensics, these shortcomings are evident in the persistent exclusion of evidence under Frye, as courts have deemed it unreliable despite ongoing debates in the ; as of 2025, polygraphs remain inadmissible in the majority of U.S. jurisdictions applying the standard. This conservatism has broader implications, hindering the integration of emerging technologies into legal proceedings and prompting calls for more flexible criteria to align evidentiary rules with rapid scientific advancements. The evolution of the Frye standard reflects efforts to address these critiques while preserving its core principle of community validation. In the landmark case People v. Kelly (1976), the refined the test for novel scientific techniques, such as voiceprint analysis, by requiring not only general acceptance but also demonstration that the method does not exceed the bounds of accepted scientific knowledge, thereby adding a layer of scrutiny to prevent overreach. This "Kelly-Frye" modification influenced several states, introducing reliability checks alongside acceptance to mitigate the original standard's rigidity. The 1993 U.S. decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. marked a pivotal shift, supplanting Frye in federal courts under Federal Rule of Evidence 702 and establishing a multifactor reliability test, though it retained general acceptance as one relevant consideration. Post-Daubert, many states adopted hybrid approaches, blending Frye's acceptance criterion with additional reliability inquiries, such as and error rates, to evolve the framework without fully discarding it. This persistence in state courts underscores Frye's legacy for promoting consistency in evaluating , even as it coexists with more dynamic standards. As of 2025, the Frye standard continues to be applied in six states, including , New York, and , where it is valued for its simplicity and role in gatekeeping , yet it remains criticized for impeding the admission of innovative evidence amid accelerating scientific progress.

References

  1. https://law.justia.com/cases/district-of-columbia/court-of-appeals/1923/no-3968.html
  2. http://euro.ecom.cmu.edu/program/law/08-732/Evidence/FryeVUS.pdf
  3. https://www.law.cornell.edu/wex/frye_standard
  4. https://www.expertinstitute.com/resources/insights/admitting-expert-testimony-under-the-frye-standard-the-ultimate-guide/
  5. https://www.forensisgroup.com/resources/expert-legal-witness-blog/daubert-vs-frye-a-state-by-state-guide-for-expert-witness-admissibility-in-2025
  6. https://nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/pretrial/pretrial-rules-evidence/frye-general-acceptance-standard
  7. https://yalelawjournal.org/essay/on-evidence-proving-frye-as-a-matter-of-law-science-and-history
  8. https://jaapl.org/content/42/2/226
  9. https://spectrum.ieee.org/a-brief-history-of-the-lie-detector
  10. https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1312&context=blr
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  12. https://pmc.ncbi.nlm.nih.gov/articles/PMC6474433/
  13. https://www.militaryimagesmagazine-digital.com/2015/09/04/mistaken-identity-autumn-2015/
  14. http://jbiocommunication.org/issues/31-2/feature4.html
  15. https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1186&context=articles
  16. https://www.smithsonianmag.com/history/first-case-where-fingerprints-were-used-evidence-180970883/
  17. https://www.discovermagazine.com/the-first-criminal-conviction-based-on-fingerprint-evidence-44755
  18. https://countway.harvard.edu/news/origins-polygraph
  19. https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1854&context=umlr
  20. https://law.justia.com/cases/california/supreme-court/3d/17/24.html
  21. https://www.forensisgroup.com/resources/expert-legal-witness-blog/the-frye-standard-in-expert-witness-testimony-legal-applications-and-strategic-insights
  22. https://www.floridabar.org/the-florida-bar-journal/the-pure-opinion-exception-to-the-florida-frye-standard/
  23. https://digitalcommons.mainelaw.maine.edu/mlr/vol52/iss1/3/
  24. https://www.law.cornell.edu/wex/daubert_standard
  25. https://www.law.cornell.edu/rules/fre/rule_702
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  27. https://ncji.org/wp-content/uploads/2024/01/Evidence-Standards-by-State-7.12.23.pdf
  28. https://www.mwl-law.com/wp-content/uploads/2018/02/ADMISSIBILITY-OF-EXPERT-TESTIMONY.pdf
  29. https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2652&context=faculty_publications
  30. https://huskiecommons.lib.niu.edu/niulr/vol16/iss2/2/
  31. https://www.brandonjbroderick.com/frye-standard-and-expert-witnesses-important-facts-know
  32. https://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1081&context=mhlr
  33. https://www.ebsco.com/research-starters/law/frye-v-united-states
  34. https://www.axon.com/resources/kelly-frye-daubert-mohan-and-why-you-need-to-understand-these-cases
  35. https://www.expertinstitute.com/resources/insights/daubert-versus-frye-a-national-look-at-expert-evidentiary-standards/
  36. https://www.faro.com/en/Resource-Library/Article/Daubert-in-Detail
  37. https://scholarship.law.umn.edu/context/mlr/article/1772/viewcontent/uc.pdf
  38. https://lawcommons.lclark.edu/cgi/viewcontent.cgi?article=1002&context=lclr
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