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Frye Standard (1923) During Frye's murder trial, he wanted his blood
pressure test results (a precursor to a lie detector) used as evidence, but as
it was not accepted by the scientific community as a reliable test, it was not
admissible in court. The Frye Standard, or Frye Test, asks:
1. Is the scientific theory generally accepted in the scientific community?
2. Is the scientific method generally accepted in the scientific community?
3. Has the technique been applied correctly?
Federal Rules of Evidence (1975), Rule 702 was a bit more relaxed, stating that if the witness' expertise helps the "trier of fact" to understand the evidence, than a witness' testimony would be considered admissible.
Daubert vs. Merril Dow (1993) The Supreme Court decided that it was the role of the trial court to be a "gatekeeper," and that it's gatekeeping function was to make sure that scientific testimony and evidence are reliable and relevant. The Daubert Standard, or Daubert Test, asks:
1. Has the scientific theory or technique been tested?
2. Has the scientific theory or technique been subjected to peer review and publication?
3. What are the known or potential error rates of the theory or technique when applied?
4. Do standards and controls exist, and are they maintained?
5. Has the theory or technique been generally accepted in the relevant scientific community?