Question

A witness is scheduled to testify about a new unpublished procedure for detecting gases from dead bodies. The judge summarily rules that the witness cannot testify because the procedure has not been accepted by the scientific community. Which precedent is this ruling based on? Daubert ruling Miranda standard Frye standard Kumho standard

Answer 1

Answer: The precedent is based on Frye standard.

Explanation: Frye standard aka general acceptance test is used in the United States courts to determine whether or not to accept a scientific evidence.

Frye standard rules that any court case that involves scientific evidence, can only be accepted if the methods used are generally accepted by a large and important number of the scientific community