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DNA - A Prosecutor’s Practice Notebook Inventory

The Frye Test

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The Frye test is also known as the "general acceptance" test and only applies to novel scientific evidence. Frye requires that before being admitted, the prosecutor must prove the evidence's general acceptance by the scientific community. Once a scientific test has achieved general acceptance by the scientific community, it may be admitted upon proper foundation. Some jurisdictions add an additional requirement that the proponent of the evidence demonstrate that the correct scientific procedures were employed to obtain the testing result [People v. Kelly, 549 P.2d 1240; 17 Cal.3d 24; 130 Cal. Rptr. 144 (Cal. 1976)].

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