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.
2 Answers from Attorneys
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?
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.
Related Questions & Answers
-
Injury to property can i be charged with injury to my own property? Asked 8/04/08, 3:26 am in United States Colorado Criminal Law
-
Expunction or non-disclosure of misdemeanor I had a petty theft charge ($50.00... Asked 7/29/08, 10:40 pm in United States Colorado Criminal Law
-
1991 Case help -- Letter just received I justed received a letter from the Elpaso... Asked 7/20/08, 12:17 pm in United States Colorado Criminal Law
-
Trespassing I had a fight with my girl friend and decided to go to my parent's home.... Asked 7/18/08, 11:55 am in United States Colorado Criminal Law