Frye Standard Basics
What standard requires scientific evidence to be “generally accepted” by experts in its field?
The Frye standard
What 1993 Supreme Court case established new criteria for admitting expert testimony in federal courts?
Daubert v. Merrell Dow Pharmaceuticals
Unlike Frye, Daubert allows judges to act as what when deciding on admissibility of scientific evidence?
Gatekeepers
Daubert v. Merrell Dow Pharmaceuticals involved alleged birth defects caused by what drug?
Bendectin
Under Daubert, evidence must be reliable and what to be admitted?
Relevant
What 1923 court case did the Frye standard come from?
Frye v. United States
The Daubert standard interprets what rule of evidence regarding expert witnesses?
The Federal Rules of Evidence
Frye focuses on consensus in the scientific community, while Daubert emphasizes what two qualities?
Reliability and relevance
What Supreme Court case clarified that Daubert applies to all expert testimony, not just scientific?
Kumho Tire Co. v. Carmichael
A scientific theory’s ability to be proven false is called what?
Falsifiability
Under Frye, expert testimony must be based on principles that have gained what among scientists?
General acceptance
One Daubert factor asks if a theory or technique can be and has been what?
Tested
What term describes how some states use Frye while others use Daubert?
Jurisdictional variation
What case reaffirmed the judge’s role as gatekeeper under Daubert?
General Electric Co. v. Joiner
The Frye standard is sometimes criticized for being too dependent on what within the scientific community?
Consensus or popularity
In Frye v. United States, the disputed evidence involved what early forensic technique?
The lie detector
Daubert includes evaluating the known or potential rate of what for a scientific method?
Error
Daubert lists how many factors for courts to consider when assessing expert testimony?
Five
In Frye v. United States, the court ruled against admitting evidence from what type of device?
A polygraph
What term describes the judge’s responsibility to assess expert evidence under Daubert?
Gatekeeping
What is one major criticism of the Frye standard regarding scientific progress?
Scientific techniques are not accepted
What are two of the five Daubert factors courts consider when assessing expert testimony?
Testability and general acceptance
Both standards aim to prevent what type of unreliable evidence from influencing juries?
Junk science
What type of hearing is held before trial to determine admissibility of expert testimony under Daubert?
A Daubert hearing
Daubert hearings help ensure that only what kind of scientific evidence reaches the jury?
Reliable evidence