Introduction
Expert testimony in legal proceedings has been a topic of debate due to misuse and falsification of scientific evidence. The Frye test, which determined the general acceptance of scientific evidence, was challenged by the Daubert v. Merryl Dow case in 1993. This case led to the abandonment of the Frye test and the introduction of the Daubert test as the standard for admissibility of scientific evidence. This article will examine the differences between the Frye and Daubert tests.
Frye Test
The Frye test originated from the Frye v. US case in 1923. James Frye used an expert’s testimony based on a blood pressure test to prove his innocence in a murder trial. This test was believed to determine if a person was lying or telling the truth. The Frye test became a standard for judges in determining the admissibility of expert testimony based on scientific methods, also known as the Frye standard or general acceptance. Some states still adhere to the Frye test.
Daubert Test
The Daubert test was introduced in the 1993 case between Daubert and Merryl Dow, where the Supreme Court abandoned the Frye test for the first time. The Daubert test focuses on the admissibility of expert testimony and is based on three major cases known as the Daubert trilogy. Some states have adopted the Daubert test, while others still use the Frye test.
Differences between Daubert and Frye
– The Frye test was used from 1923 to 1993, when it was replaced by the Daubert test.
– The Frye test applies to scientific knowledge only, while the Daubert test applies to technical and other specialized knowledge as well.
– Both tests aim to address the issue of misuse of expert testimony.
– Some states still use the Frye test, while others have switched to the Daubert test.
Highlights
1. The Frye test and the Daubert test are two standards used in legal proceedings to determine the admissibility of expert testimony based on scientific methods.
2. The Frye test, established in 1923, focused on the general acceptance of scientific evidence, while the Daubert test, established in 1993, expanded the scope to include technical and other specialized knowledge.
3. While many states still adhere to the Frye test, others have switched over to the Daubert test as the standard for determining the admissibility of scientific evidence in court.
