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General Acceptance (Frye Standard)

Definition

The admissibility rule from Frye v. United States (DC Cir. 1923) requiring a technique to be generally accepted in the relevant scientific community before its results can be admitted. Replaced in federal courts by Daubert in 1993; still used in some US states.

Origin case
Frye v. United States, DC Circuit, 1923
Test
General acceptance in the relevant scientific community
Federal status
Replaced by Daubert in 1993
Current use
Still applied in some US states

Common questions

Why did Daubert replace Frye at the federal level?+

Congress and the Supreme Court concluded that Federal Rule of Evidence 702 required judges to assess reliability and methodology directly rather than deferring entirely to whether a scientific community had broadly accepted a technique, since general acceptance alone can lag behind or diverge from actual scientific validity.

What practical difference does it make to an expert witness whether a state follows Frye or Daubert?+

Under Frye the key question is whether the expert's method is generally accepted in the field, often argued through publications and professional consensus, while under Daubert the expert additionally has to be prepared to defend the method's testability, known error rate, and peer review before the judge as gatekeeper.

Can a novel forensic technique be excluded under Frye even if it is scientifically sound?+

Yes, a technique that is methodologically valid but has not yet achieved broad acceptance in the relevant scientific community can fail the Frye test purely on the acceptance criterion, which is one of the main criticisms levelled against the standard.

Related terms

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...
Corroboration
The practice of confirming an observed attacker action by finding evidence of the same action in at least two independent data sources,...
Gatekeeping
The judicial function, codified in the United States by Daubert v. Merrell Dow Pharmaceuticals (1993) and Federal Rule of Evidence 702, of...
Opinion Evidence
Testimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general...
Voir Dire (On Evidence)
A preliminary hearing, conducted in the absence of the jury, at which the judge evaluates the admissibility of proposed expert evidence. The...

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