Frye:
- The novel science must be:
- Generally Accepted by the relevant scientific community.
Court holds a Frye hearing to determine admissibility of scientific evidence.
Daubert:
- 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]