Frye Vs Us

Topics: Daubert v. Merrell Dow Pharmaceuticals, Evidence law, Daubert standard Pages: 3 (621 words) Published: March 18, 2015
Kathleen Pena
Professor Branigan
September 26, 2014
Evidence and procedural law

Frye VS United States

In December 3, 1923, James Alphonzo Frye was convicted of second degree murder. Frye had a psychologist testify on his behalf and tried to use a lie detection test using systolic blood pressure. The court ruled that he could not use this as testimony. Systolic blood pressure testing is a way of testing your blood pressure which changes by the change of a person’s emotions of the witness, For example if the witness becomes nervous by a question asked it raises the systolic blood pressure in a curve. The curve will let the professional know that the person is lying. The courts made it clear that if any kind of expert testimony was going to be accepted in the case they had to meet the standards of scientific recognition of the community.

When a person wants to use any sort of expert in court to testify, they have to address whether the community agrees with the techniques and approach of the theory being used. The courts decided that the lie detector test is false reading and anything could increase your blood pressure. According to blog.suntechmed.com, many different things could affect someone’s blood pressure. Someone who smokes, someone who is stress, and someone who has not rested for about three to five minutes, can affect blood pressure. For example, someone who is being accused of second-degree murder would be extremely stressed. For this reason, their blood pressure would automatically be high. This is not an accurate way for a person to testify. The Counsel for the defendant wanted the testing to be performed in front of the jury to proof to people their testimony, but the courts objected that.

In Daubert v. Merrell Dow Pharmaceuticals which was held in 1993. This case was about two kids who were born with limb reduction; it was believed that their conditions were cause by...
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