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Novel Science Problem

Definition

The practical difficulty that arises when a technique is new and no scientific consensus yet exists. Under Frye, a sound technique is inadmissible until a consensus forms. Under Daubert-type tests, novel but methodologically rigorous science can be admitted before broad acceptance has developed.

Under Frye
Technique inadmissible until general acceptance forms
Under Daubert-type tests
Rigorous but not-yet-consensus science can be admitted
Core tension
Timing gap between a technique's development and its acceptance
Practical effect
Frye jurisdictions lag behind emerging forensic methods

Common questions

Why does this create a practical disadvantage in Frye jurisdictions?+

A genuinely sound and well-validated new technique can still be excluded for years simply because the relevant scientific community has not yet reached the threshold of general acceptance, even where the underlying method is reliable.

How does a Daubert-type test handle the same new technique differently?+

It asks a court to directly evaluate factors like testability, known error rate, peer review, and methodology, so a novel technique can be admitted on its own scientific merits without waiting for community-wide consensus to develop.

Related terms

Bharatiya Sakshya Adhiniyam 2023
India's replacement for the Indian Evidence Act 1872, in force from 1 July 2024. Section 39 carries forward the expert-witness opinion provisions,...
Daubert Standard
The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
General-Acceptance Test
The Frye rule that a scientific principle must be sufficiently established to have gained acceptance in the particular field to which it...
Judicial Gatekeeping
The role of the trial judge in screening scientific evidence before it reaches the jury. Under Frye the judge defers to expert...
Relevant Scientific Community
The group of scientists whose expertise covers the technique under review. Identifying this community is the first step of the Frye inquiry....

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