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Essay / Research Paper Abstract
A paper which considers the Frye Rule, and its application in the modern judicial system, with particular reference to the battered women syndrome formulated by Walker. Bibliography lists 4 sources
Page Count:
5 pages (~225 words per page)
File: JL5_JLfryerule.rtf
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Unformatted sample text from the term paper:
As noted by Grossman (2004) the Frye Rule for determining the admissibility of scientific evidence was developed in 1923, and if one considers the changes and developments in scientific research
and methodology since that time, it is hardly surprising that Frye has come in for a considerable amount of scrutiny. As Grossman points out, at the time of Frye, the
perception was that scientific evidence should be treated in a different way from other types. This was partly because the average jury was expected to have little expert knowledge of
scientific issues, and therefore was more likely to be misled - "blinded by science" - by such evidence.
Frye acknowledged that whilst scientific evidence was valuable, there was a fine line between demonstrable and established scientific
principles and those which were still being investigated. Therefore, if the court was to admit scientific evidence, it must be from principles which had already been well-established and accepted in
the relevant field. There must be shown to have been sufficient investigation into the subject for there to be a number of experts in the field: scientific evidence can then
be categorised as admissible once it is seen as "generally acceptable" in its field. As Grossman points out, however, since the court will usually not have scientific expertise itself, it
is obliged to rely on the scientists to tell it what is scientifically valid.
Some courts have continued to embrace Frye, some have rejected it altogether on the grounds that science is advancing so rapidly that even valid principles
...