Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Evidence

Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite Jan 1994

Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite

University of Richmond Law Review

In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …


The Death And Transfiguration Of Frye, Richard D. Friedman Jan 1994

The Death And Transfiguration Of Frye, Richard D. Friedman

Articles

The rule of Frye v. United States was seventy years old, and had long dominated American law on the question of how well established a scientific principle must be for it to provide the basis for expert testimony. Even after the passage of the Federal Rules of Evidence, several of the federal circuits, as well as various states, purported to adhere to Frye's "general acceptance" standard. But now, unanimously, briefly, and with no apparent angst, the United States Supreme Court has held in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Frye rule is incompatible with the Federal Rules.


The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist Jan 1994

The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist

Kentucky Law Journal

No abstract provided.