Frye & Daubert Basics


  • The novel science must be:
  • Generally Accepted by the relevant scientific community.

Court holds a Frye hearing to determine admissibility of scientific evidence.


  • Judge is gatekeeper/more liberal approach than Frye
  • 1. Whether it has been subjected to peer review.
  • 2. The rate of error.
  • 3. Standards and controls of the technique.
  • 4. Whether the technique is generally accepted by the relevant scientific community
  • [FYI there’s more to this rule, but we are just focusing on thee 4 factors]