Results show that both of the processes described contribute to the use of the same NYS items in scales that are attributed to different theories. To inform future tests of theory, sections of the NYS where each of these processes is most prevalent are identified. Suggestions are also offered to strengthen future tests of theory using NYS data. Despite the state of evidence, empirical assessments of the nature of theory tests are lacking. This paper begins to address the gap in literature by offering an empirical assessment of scales used in tests of theory based on NYS data. The NYS data has been utilized by researchers to test a variety of theoretical explanations of criminal behavior. The paper specifically explores both the theory to which scales measuring a given type of construct are attributed and the extent to which scales measuring different constructs are based on the same items. Tables, appendix, notes, and references