Master Establishes the 'general acceptance' test for admitting novel scientific evidence. with this comprehensive case brief.
Frye v. United States is a landmark decision in evidence law that set the foundational standard for admitting novel scientific techniques into courtrooms: the general acceptance test. Decided by the Court of Appeals of the District of Columbia in 1923, Frye addressed whether the results of a then-new lie detection method—the systolic blood pressure deception test—could be admitted through expert testimony to bolster a defendant’s claim of innocence. The court declined to admit the evidence, articulating a rule that would dominate American evidence law for decades: scientific principles and methodologies must have gained general acceptance in their relevant professional community before expert testimony based upon them is admissible.
The Frye standard profoundly shaped trial practice, forcing litigants to prove that a scientific technique was not merely promising or plausible, but recognized and relied upon by experts in the field. Although the U.S. Supreme Court later shifted the federal standard in Daubert v. Merrell Dow Pharmaceuticals (1993) to a reliability-focused framework under Federal Rule of Evidence 702, Frye remains a touchstone in many states and a core teaching in evidence courses, particularly for understanding the tension between scientific innovation and evidentiary reliability.
Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)
James Alphonso Frye was charged with murder in the District of Columbia. After initially confessing to the crime, he later recanted. To support his recantation and his claim of innocence, the defense sought to introduce the testimony of an expert who had administered a systolic blood pressure deception test (an early precursor to the modern polygraph). The expert would have testified that, based on changes in Frye’s systolic blood pressure while answering questions, Frye was telling the truth when he denied committing the offense. The trial court excluded the proffered expert testimony on the ground that the underlying scientific technique lacked sufficient reliability. Frye was convicted of second-degree murder. On appeal, the key evidentiary question was whether the expert’s testimony about the lie detection test was admissible.
Is expert testimony based on a novel scientific technique—the systolic blood pressure deception (lie detector) test—admissible when the technique has not yet gained general acceptance in the relevant scientific community?
While courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, "the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs." Novel scientific evidence is inadmissible absent such general acceptance.
No. The systolic blood pressure deception test had not achieved general acceptance among physiological and psychological authorities, so expert testimony based on it was inadmissible. The conviction was affirmed.
The court emphasized that the line between experimental science and scientifically demonstrable principles is difficult to draw, and that courts must be cautious when admitting evidence derived from new scientific methods. The reliability of expert conclusions depends on the soundness of the underlying methodology. If the scientific community has not generally accepted the principle or technique, courts risk admitting evidence that appears authoritative to a jury but lacks sufficient scientific grounding. Here, the defense’s proffer concerned a then-novel technique assessing deception through changes in systolic blood pressure. The court found that this method had not yet gained recognition and general acceptance among physiological and psychological experts. Without such acceptance, the method remained experimental. Admitting the testimony would improperly lend undue weight to a technique whose accuracy and validity had not been established by the relevant community of experts. The appellate court therefore upheld the trial court’s exclusion of the evidence and affirmed Frye’s conviction.
Frye established the general acceptance test for admitting novel scientific evidence, a standard that governed federal and many state courts for most of the twentieth century. The case underscores the judiciary’s gatekeeping role and its concern that juries might be misled by the aura of science absent a demonstrated consensus on reliability. Even after the Supreme Court adopted a different reliability framework in Daubert under Federal Rule of Evidence 702, many states continue to apply Frye or a Frye-like test (e.g., New York’s Frye standard; California’s Kelly/Frye via People v. Kelly; Maryland’s Reed/Frye), making the case essential for understanding the variation in evidentiary standards across jurisdictions. For law students, Frye is critical for mastering expert evidence doctrine, comparing Frye to Daubert and Kumho Tire standards, and appreciating how courts balance innovation with institutional caution. It also remains relevant to recurring controversies such as polygraph evidence, forensic techniques, and other emerging methodologies where the degree of professional consensus is hotly contested.
General acceptance requires that the relevant scientific community—professionals with expertise in the specific field—has broadly recognized the underlying principle or technique as reliable. It is not a unanimity requirement, but there must be a demonstrable consensus reflected in textbooks, peer-reviewed publications, professional standards, widespread use, and testimony from a cross-section of qualified experts. A lone expert’s endorsement or preliminary studies typically do not suffice.
Frye focuses on consensus: whether the technique has gained general acceptance in the relevant community. Daubert, applied in federal courts, centers on reliability, asking whether the methodology is scientifically valid and properly applied, with non-exhaustive factors such as testability, peer review, error rates, and standards. Under Daubert, a technique can be admissible even if not yet generally accepted, provided it is shown to be reliable; Frye would likely exclude it until acceptance emerges.
Not categorically, but in many jurisdictions polygraph results are excluded either under Frye (for lack of general acceptance) or as a matter of judicial policy given concerns about reliability and potential to unduly influence juries. Some courts allow polygraph evidence by stipulation or for limited purposes (such as impeachment under specific conditions), but the prevailing view remains skeptical.
Parties typically present: (1) testimony from multiple qualified experts across the field; (2) peer-reviewed publications and surveys; (3) professional standards or guidelines endorsing the technique; (4) evidence of widespread, routine use in the field outside litigation; and (5) acknowledgments in authoritative treatises or textbooks. Courts may hold pretrial Frye hearings to assess these materials and determine admissibility.
Frye is generally triggered by novel or emerging scientific techniques and principles. Traditional expert testimony based on well-established methods typically bypasses Frye because general acceptance is already settled. That said, in jurisdictions that follow Frye, courts may scrutinize any methodology that appears new, controversial, or insufficiently validated.
Frye v. United States is a foundational case in evidence law that balances the promise of scientific innovation against the need for reliable, jury-suitable proof. By insisting that scientific techniques achieve general acceptance before admission, Frye protects the integrity of trials from the potentially outsized influence of unproven methods.
Even in the Daubert era, Frye’s legacy endures. It remains the operative standard in many states and continues to inform judicial skepticism toward novel scientific claims. Understanding Frye equips practitioners and students to navigate admissibility battles over cutting-edge techniques and to craft the evidentiary records necessary to meet, or defeat, gatekeeping challenges.