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Evidence and Trial Advocacy Workshop - Relevancy and the Exclusion of Relevant Evidence - Admissibility of Evidence of a Scientific Principle or Technique - Application of the Frye Test

NCJ Number
86792
Journal
Criminal Law Bulletin Volume: 19 Issue: 1 Dated: (January/February 1983) Pages: 51-60
Author(s)
M H Graham
Date Published
1983
Length
10 pages
Annotation
The test enunciated in Frye v. United States for determining sufficient reliability of the scientific principle, technique, or process to be admitted as expert testimony is one of general acceptance.
Abstract
Imposition of the Frye test serves to ensure that a minimal reserve of experts exist who can critically examine the validity of a scientific determination in a particular case and promote a degree of uniformity of decision. Use of the Frye test further assures that scientific evidence introduced will be reliable and thus relevant and imposes a standard of reliability, since the cross-examination by opposing counsel is unlikely to bring inaccuracies to the attention of the jury. In recent years, the Frye test has come under sustained attack as being selectively applied by the courts to some techniques, but not to others; providing no guidance for determining the particular field to which a technique may be said to belong; and by its conservative nature, depriving the trier of fact of relevant evidence. Application of the Frye test calls for a judicial determination both that the court itself finds the scientific test reliable and that reliability is generally accepted in the particular scientific field in which the test belongs. Newness alone is not a bar to admissibility. Moreover, neither lack of absolute certainty nor lack of uniformity of expert opinion precludes a court from finding on the basis of expert testimony and other evidence admitted to a trial that a scientific test is reliable. The Frye test is illustrated by the case of United States v. Stifel. A total of 13 notes are included.

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