Daubert / Frye Split
Definition
Two competing standards for expert testimony admissibility in the US. Daubert (1993) uses a multi-factor reliability test applied by the trial judge. Frye (1923) applies a simpler 'general acceptance' test. Federal courts and most states use Daubert; a minority of states still apply Frye.
- Daubert year
- 1993
- Frye year
- 1923
- Federal courts
- Use Daubert
- State courts
- Majority use Daubert; minority retain Frye
Common questions
Why does it matter which standard a state uses when a forensic method is challenged in court?+
Frye's general-acceptance test can be easier to satisfy for an established but unvalidated technique since it only asks whether the relevant scientific community accepts the method, while Daubert's multi-factor reliability test can exclude a widely used but poorly validated method even if practitioners generally accept it, so the same evidence can be treated differently depending on jurisdiction.
Can an expert's testimony be admissible in one state and excluded in a neighbouring one for the identical methodology?+
Yes, because admissibility standards are set at the jurisdictional level, a technique that clears the Frye general-acceptance bar in one state may fail a Daubert reliability challenge in a Daubert jurisdiction if it lacks testing data, known error rates, or peer review, even though the underlying science presented is unchanged.
Related terms
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- The documented history of possession, handling, storage and transfer of an exhibit. It supports traceability between collection and examination, while the significance...
- Daubert Standard
- The US expert-evidence framework associated with Daubert v. Merrell Dow Pharmaceuticals and subsequent decisions, applied alongside Federal Rule of Evidence 702. Testing,...
- Examination Scope
- The defined boundaries of a forensic examination: what evidence was examined, what questions were asked, what time periods were covered, and what...
- Expert Witness
- A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
- Hash Verification
- The process of computing a cryptographic hash (SHA-256 or equivalent) of the exhibit file and comparing it against a previously recorded value...