The Frye Standard Test: Admissibility and Reliability of Evidence
1. Please explain the Frye Standard. The Frye test is where in order to be admitted as evidence at trial, the questioned procedure, technique, or principles must be “generally accepted “ by a meaningful segment of the relevant scientific community.
2. When did this standard come into effect and why? In rejecting the scientific validity of the polygraph (lie detector) test in 1923 the Frye test came into effect.
3. Please explain when a forensic expert witness would have to attend a Daubert hearing.
4. What is a Daubert hearing? It is an evaluation by the judge, done before the trial and away from the jury, about the admissibility of testimony/evidence.
5. What does it mean that the judge is the “keeper”? Having the judge as the “keeper” or “gatekeeper” means the judge decides who qualifies as an expert witness and what evidence will be allowed.
6. What would some tests for establishing "validity" be? Some tests to assure admissibility and reliability of evidence are; 1 Whether the scientific technique or theory can be or has been tested. 2The techniques potential rate of error. 3The existence and maintenance of standards controlling the techniques operation. 4Whether the scientific theory or method has wide spread acceptance within a relevant scientific community.
7. Please explain why these standards are important when determining whether or not physical evidence may be admitted into court. These standards are important if the reliability and validity could be in question then the entire case could be in question.
8. What would happen if these standards did not exist? If these standards did not exist we would never know if the evidence is valid or if it is someone’s opinion. If this were the matter then we would not know if we were convicting the innocent and/or releasing the guilty.
2. When did this standard come into effect and why? In rejecting the scientific validity of the polygraph (lie detector) test in 1923 the Frye test came into effect.
3. Please explain when a forensic expert witness would have to attend a Daubert hearing.
4. What is a Daubert hearing? It is an evaluation by the judge, done before the trial and away from the jury, about the admissibility of testimony/evidence.
5. What does it mean that the judge is the “keeper”? Having the judge as the “keeper” or “gatekeeper” means the judge decides who qualifies as an expert witness and what evidence will be allowed.
6. What would some tests for establishing "validity" be? Some tests to assure admissibility and reliability of evidence are; 1 Whether the scientific technique or theory can be or has been tested. 2The techniques potential rate of error. 3The existence and maintenance of standards controlling the techniques operation. 4Whether the scientific theory or method has wide spread acceptance within a relevant scientific community.
7. Please explain why these standards are important when determining whether or not physical evidence may be admitted into court. These standards are important if the reliability and validity could be in question then the entire case could be in question.
8. What would happen if these standards did not exist? If these standards did not exist we would never know if the evidence is valid or if it is someone’s opinion. If this were the matter then we would not know if we were convicting the innocent and/or releasing the guilty.