Legal Question in Criminal Law in Colorado

Abel assessment

I was wondering if there is any case law regarding the constitutionality of the Abel Assessment test.


Asked on 8/04/08, 3:07 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Abel assessment

Reference to any test, outside of court, is constitutionally protected by the First Amendment. Your question is likely something else, but you fail to say what it is. Are you concerned more with the results of the test? The form of the test? The questioning accompanying the test? The use of test results by a probation officer? Their use by a parole officer? Their user at setencing? At trial? Refenence to the test being refused?Where, why, when, what, how?

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Answered on 8/11/08, 10:29 am
Philip Rosmarin Rosmarin Law Firm

Re: Abel assessment

I suppose you mean whether it violates your 5th Amendment protection against self-incrimination. As I understand it -- and I may be wrong -- the Abel is used to assess a convicted offender's probability of re-offending. It isn't used to help convict you or enhance your sentence: you've already been convicted and sentenced. As such you've already been incriminated.

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Answered on 8/12/08, 3:43 pm


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