Skip to content

Frye Standard

Definition

The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be 'generally accepted' within its relevant scientific community. Replaced in federal courts by the Daubert standard (1993), which additionally requires peer review, known error rates, and methodological reliability.

Origin
Frye v. United States, DC Circuit, 1923
Core test
General acceptance in the relevant scientific community
Jurisdiction
United States (state courts in approx. half of states)
Superseded by
Daubert standard in US federal courts (1993)
Applies to
Admissibility of expert scientific testimony

Common questions

What is the Frye standard?+

The Frye standard is a test for deciding whether scientific evidence can be admitted in court. It comes from Frye v. United States, a 1923 US DC Circuit decision. The rule is simple: a scientific technique is admissible if it has gained general acceptance in the relevant scientific community.

How is the Frye standard different from the Daubert standard?+

Frye asks just one question: is the method generally accepted by scientists in that field? Daubert, which replaced Frye in US federal courts in 1993, goes further. It also requires peer review, known error rates, and overall methodological reliability. Frye is considered the less demanding of the two tests.

Where does the Frye standard still apply?+

Federal courts switched to Daubert, but the Frye standard is still the operative test in a number of US states, including California, Illinois, and New York. Some states use a hybrid version that draws from both tests. Outside the US, the general-acceptance idea has also influenced admissibility discussions in other jurisdictions.

Related terms

Daubert Standard
The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
Likelihood Ratio (LR)
The ratio of two conditional probabilities: the probability of the observed evidence given the prosecution's hypothesis (same source), divided by the probability...
CrimPR Part 19
Criminal Procedure Rules Part 19 (England and Wales): the expert-witness procedural code requiring disclosure of qualifications, methodology, limitations, and whether the method...
Bharatiya Sakshya Adhiniyam 2023 (BSA)
India's current evidence statute, which replaced the Indian Evidence Act 1872. Section 63 of the BSA governs electronic records and requires a...
BSA 2023 § 39
Section 39 of the Bharatiya Sakshya Adhiniyam 2023, the provision governing expert opinion evidence in Indian courts. Replaced Indian Evidence Act 1872...
Duty to the Court
The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
ISO/IEC 17025
The international standard for testing and calibration laboratories, published jointly by the International Organization for Standardization and the International Electrotechnical Commission. It...
Blind Verification
The procedure in which a second fingerprint examiner independently performs the Analysis and Comparison stages without knowledge of the first examiner's conclusion....
Expert Witness
A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
FRE 702
Federal Rule of Evidence 702, the US statutory basis for expert testimony admissibility. Amended in 2000 and again in 2023 to reflect...
Gatekeeping
The judicial function, codified in the United States by Daubert v. Merrell Dow Pharmaceuticals (1993) and Federal Rule of Evidence 702, of...
PCAST 2016
President's Council of Advisors on Science and Technology 2016 report 'Forensic Science in Criminal Courts', which assessed foundational validity of forensic disciplines...

Explained in these topics

Your journey to becoming a forensic professional starts here.

Practice with mock tests, learn from structured notes, and get your questions answered by a global forensic community, all in one place.