Expert Testimony Standards: Frye vs. Daubert for Forensic Psychiatric Evidence

Dr. Stephan M. Carlson · Expert Testimony

The Frye Standard — "General Acceptance" Originating from Frye v. United States (1923), the Frye rule allows scientific testimony only if the technique or principle has achieved "general acceptance" in the relevant professional community. The focus is consensus rather than individual examiner competence. Many states—including New York —still follow Frye for psychiatric and psychological evidence. Courts often rely on expert literature, practice guidelines, and professional testimony to establish acceptance. In practice: Frye favors methods that are well established (e.g., DSM-based diagnostic approaches, validated psychometric instruments) but can exclude novel or emerging tools that lack wi

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