Questioneddocuments - Copy

32
NOTES ON QUESTIONED DOCUMENTS by: Hermogenes P. Malagamba Document- is any material that contains marks, symbols, or signs, visible or partially visible & convey meaning or message. Disputed Document-is the term given when there is an argument or controversy on the document. Questioned Documents- is a document which is in questioned because of its origin, its contents, or circumstances regarding its production arouse suspicion as to its genuiness or it may adversely scrutinized simply because it displeases someone Two kinds of standard: 1. Procured or collected- obtained from files 2. Requested- made upon the request of an investigator. How to obtain Collected Standards: 1. Collect at least 15-20 standards; 2. Collected standards should bear similarity of subject matter; 3. The date of preparation must be five (5) years before & five (5) years after the incident happened; 4. There should be similarity of the instrument used in writing; 5. The writing condition and the manner of execution must be similar to the execution of the questioned writing. How to obtain Requested Standards: 1. Dictate, never allow the suspect to see the document; 2. The text that is to be dictated must be carefully selected; do not dictate exactly the content to prevent familiarity of the document; 3. Dictation must be conducted for three times; 4. Dictation must be interrupted & on an interval basis so that the subject will feel relax and write in his own natural writing. 5. The normal writing condition of the subject must be arranged, so that the writer will feel to write the dictation. How to prepare & examine Typewriting Standards: 1. Examine the ribbon; 2. Use the same size of questioned materials, same word, typographical errors & same degree of touch; 3. Prepare the standard while the typewriter is in stencil position; 4. State the make, model, serial number, date & initial of the officer; 5. Typewriter should be kept in current condition. Source of Standards:

Transcript of Questioneddocuments - Copy

Page 1: Questioneddocuments - Copy

NOTES ON QUESTIONED DOCUMENTSby:

Hermogenes P. Malagamba

Document- is any material that contains marks, symbols, or signs, visible or partially visible & convey meaning or message.Disputed Document-is the term given when there is an argument or controversy on the document.Questioned Documents- is a document which is in questioned because of its origin, its contents, or circumstances regarding its production arouse suspicion as to its genuiness or it may adversely scrutinized simply because it displeases someone

Two kinds of standard:1. Procured or collected- obtained from files2. Requested- made upon the request of an investigator.

How to obtain Collected Standards:1. Collect at least 15-20 standards;2. Collected standards should bear similarity of subject matter;3. The date of preparation must be five (5) years before & five (5) years after the incident happened;4. There should be similarity of the instrument used in writing;5. The writing condition and the manner of execution must be similar to the execution of the questioned writing.

How to obtain Requested Standards:

1. Dictate, never allow the suspect to see the document;2. The text that is to be dictated must be carefully selected; do not dictate exactly the content to prevent familiarity of the document;3. Dictation must be conducted for three times;4. Dictation must be interrupted & on an interval basis so that the subject will feel relax and write in his own natural writing.5. The normal writing condition of the subject must be arranged, so that the writer will feel to write the dictation.

How to prepare & examine Typewriting Standards:

1. Examine the ribbon;2. Use the same size of questioned materials, same word, typographical errors & same degree of touch;3. Prepare the standard while the typewriter is in stencil position;4. State the make, model, serial number, date & initial of the officer;5. Typewriter should be kept in current condition.

Source of Standards:

Proof of Authenticity:The Revised Rules on Evidence (Rules of Court) specifically Rule 132- Presentation of

Evidence letter “B” Authentication & Proof of DocumentsSection 20 Proof of Private Documents- states that before any private document is

offered as authentic its due execution and authenticity must be proved:a) By anyone who saw the document when it is executed or written.b) By evidence of the genuineness of the signature or handwriting of the suspect.Section 22. How Genuineness of Handwriting is Proved. The genuineness of the

document can be proved by any witness who believes it to be the handwriting of such person because he saw the person executed it.

Page 2: Questioneddocuments - Copy

Alterations: a) Erasures

1. Chemical- bleached with eradicator. When it is an iron based ink & fumed with sulfoxyanic acid, fume will turn red.

2. Abrasive- when something rough or sharp pointed instrument is used in erasing the writings.

3. Associative evidence- a carbon copy will reveal what had been erased.4. Cutting5. Interlineations, addition or subtraction.

Elements:

a) Lack of uniformity of ink;b) Work of more than one pen or ink;c) Crowding, uneven margin, & unusual spacing;d) Removal & reinsertion;e) Indication of more than one ribbon or typewriter, including the condition of the fabric

of the ribbon;f) Sharp variation in handwriting.

Obliteration- blotting out or smearing over of the writing to make the original invisible.Restoration- the process of the development of erased writing or bringing out again. This is the photographic methods by the use of filter, except when covered with black.

METHODS OF RESTORING OBLITERATED WRITINGS 1. To penetrate the covering layer photographically, so that the original writing lying beneath is thus revealed. Photographic methods can succeed only if a difference in color or chemical composition exists between the original writing and the covering material. Separation of color may be possible with the aid of photographic filter, but it is useless when the ink is a true black.2. To remove the covering material chemically, or with the aid of ultra-violate radiation or oblique lighting.3. In cases where a white-out is used, careful inspection of the writing will reveal the obliteration. The original writing can be read also with the aid of a transmitted light with infrared sensitive film and filters or with use of solvents to weaken the cover and reveal the writing below.Handwriting:

Natural DisguisedCursiveHand lettering

Cortex of the brain- control vision, hearing, talking, and walking. It also guide the muscles of the hands.

agrapia- a disease which causes the individual to lose his/her ability to write.

Two muscles of the hand capable of movement:

1. Extensor muscles- push the pen to form an upward stroke.2. Flexor muscles- push the pen to form the downward strokes.

The combination of these two muscles of the hand allows the individual to perform the lateral strokes (sideward). (PAGE 3)

CARE IN HANDLING DOCUMENTS:1. Do not fold the document along new lines.2. Bring the document to the laboratory at the soonest time.3. Do not expose the document to excessive heat or strong light.4. Do not handle the document excessively, and do not place it in your pocket.5. Do not work on it unnecessarily.6. Do not mutilate or damage.7. Do not use or allow chemical application to treat or dust for latent prints.

Page 3: Questioneddocuments - Copy

CHARATERISTICS OF TREMOR OF FRAUD1. Inequality of movement in any place in any stroke or line with strokes too strong and vigorous combined with weak hesitating strokes.2. Frequent interruption of movement.3. Unequal distribution of ink on upward and downward strokes.4. Varying pen pressure, due to change in speed & interruptions in movement, this may occur in the middle of direct curves or even on the straight lines.5. Too many pen-stops and pen-lifts on wrong places.

CHARACTERISTIC TREMORS OF AGE OR OF EXTREME WEAKNESS1. Show unusual and erratic departure of lines from its intended course.2. Abrupt recovery, a general inclination of muscular weakness and of movement beyond the control of the writer, particularly on downward strokes.3. Show awkward digression or distortions which may be due to imperfect sight.4. Characterized by abbreviations or even omissions of parts of letters or even the whole word.5. In the tremor of age often show very uneven alignment especially when the line intersect. In signature, it shows apparent impatience and desire to complete disagreeable and painful act. Concluding or terminal strokes are often made with nervous, haste and carelessness or may be distorted or abbreviated.6. FOUR (4) CATEGORIES OF DOCUMENT

1. Public Document-an instrument authenticated by a notary public or competent official with the formalities required by law; or an instrument executed in due form before a notary public certified by him; or one that which is made by a notary public in the presence of parties who execute it with the assistance of two (2) witnesses.

2. Commercial Document-under Article 172 of the Revised Penal Code, these are instruments which are used by the merchants or businessmen to promote or facilitate trade or credit transaction. The term also include letters, notes or papers issued in the course of business transactions, quedans, bonds, books of accounts and in general any negotiable instruments. It is any document defined and regulated by the code of commerce or any other commercial law.

3. Official Document- a document which is issued by a public official in the exercise of the functions of his office. An official document is also a public document.

4. Private Document- a deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized, by which document some disposition or agreement is provided evidence as set forth.

IDENTIFICATION OF SIGNATURES

The identification or the so called verification of signatures is a specialized branch or handwriting examination.

The identification principles and pointers in general handwriting set forth and discussed earlier herein fundamentally remain the same in the identification of signatures, however, certain characteristics and factors must be given careful consideration because of the following reasons: (PAGE 4)a) Known signatures may contain elements and features not common to the writer’s other

classes of writing;b) Factors of identification given closest study in signature examination may not be given

the same special emphasis in general writing.

A simple signature may represent thousand or even millions of pesos, and such minute stroke of a few letters of a genuine signature may thus represent tens or even hundreds of thousands of pesos. It is, therefore, natural and necessary that every minute phase of this small production of the human hand and the human brain should be analyzed and scrutinized every possible way.

A signature is a combination of rather limited letters and designs due to its frequent use, it become almost automatic with many writers.

The identification of signature depends very largely on the manner it is written.

Page 4: Questioneddocuments - Copy

While design or form of letters are the eye-catching features the forces or factors that contribute to the manner of writing of identification

The individual writing movement and the skill employed in the execution of the signature itself. A combination of the following factors provides a full description of the individual writing movement in the execution of the signature.

1. A continuous writing movement-or the opposite, a writing movement interrupted at intervals by either pen stops or actual pen lift.

2. Rhythmic, or the opposite, jerky pattern of writing.3. Shading and pen emphasis on particular strokes.4. Overall writing pressures.5. Speed of execution.6. Smooth or angular connecting strokes between letters.7. Starting of the initial writing movement before or after the pen contracts the paper and

the corresponding condition at the termination of the word.A person, in writing his signature, produces a particular pattern which contain personal concepts of design which, when often repeated serves to distinguish his signature from all others.Elements which constitute general forms of signature include the following:

a) Design of lettersb) Slant of lettersc) Relative size of capitals; single-space letters and those which follow the base line or

above, the height of a single space.d) Ornamentation of forme) Arrangement of different parts of the signature with respect to the balance of it.

The identification of signature is based on the combination of the two (2) personal attribute of:a) formb) Line quality

If a questioned signature agrees with the standards in all identifying elements, then it can be concluded that it was written by the same person.

If on the other hand, significant differences exist between the standards and the questioned signatures, they must be the work of two different writers, and the difference between them have to be of fundamental nature and no mere variations which are normally found between two signatures of any writer.

No two specimens of a person’s signatures are absolutely identical. The signatures normally vary from each other in some details and the degree which they vary from each other depends upon the individual writer and the conditions under which each signature was written. As pointed out in “Standards of Comparison”, it is because of the normal variations in signature that several

(page 5)signatures should be used to identify the one in question. In the identification, the known or sample signature must necessarily establish accurately the range of variation, and then it is necessary to determine whether the identifying qualities of unknown signature fall within these limits. Natural variation between several signatures if the same person plays an important role in the process of identification. In most cases, the extent of variation in writing even becomes a characteristic peculiar to the writer.

FORGERY OF SIGNATURES

A forged signature is the signature of another person or a fictitious person, written by a person who has no authority to do so, with intent to defraud.

Classes of Disputed Signatures:1. Forged signatures where no attempt has been made to make a copy or facsimile of

the genuine signature.2. Forged signatures of fictitious persons.3. Forged signature which resembles the genuine signature since they have been

produced by a tracing process (Traced forgery).4. Forged signature which resemble the genuine signature written free-hand.

Page 5: Questioneddocuments - Copy

5. Genuine signature obtained by trickery.6. Genuine signatures deliberately written illegibly or in an unusual manner, to

afford signatories some plausible grounds for disclaiming them should only deemed it expedient.

The forger produces fraudulent signatories, from the elementary process of merely writing the name(without attempt of making a close resemblance of the genuine signature) to the more complicated process of a simulation or tracing in an effort to produce facsimile of the genuine signature.

KINDS OF FORGERY1. Simple Forgery2. Simulated Forgery3. Traced Forgery

SIMPLE FORGERY

This kind of forgery is best termed as “SPUROUS SIGNATURE”. In committing fraud, the forger who is confronted with the absence of a genuine signature (or a model) will not endeavor anymore to produce a facsimile of the genuine but merely signs the name in his own, or in a modified (disguised) handwriting and then contrive some means of passing the documents to his own gain before the obvious fraud is discovered. This is commonly employed in the case of fictitious persons, this system employed by the check thief who steals, endorses, and passes government, corporation or other checks, or who procures printed check forms, completes and endorses then with fictitious signatures in order to make them pass on as genuine.

The determination of the fraudulent nature of this kind of forged signatures becomes very elementary once standards of the genuine signatures are obtained.

With sufficient standards the identity of the forger, thru his handwriting may be possibly determined.

SIMULATED FORGERYThis is a simulation, copying or animation of a genuine signature or writing as to assemble the model.Before separate discussions of simulated forgery and traced forgery are herein made, the following background points are given in relation to these two kinds of forgery which are strictly the strange process of writing in place of the well founded, usual writing movement employed in genuine writing. (page 6)

The forger labors under a stranded mental and muscular condition that makes it difficult, is not altogether impossible to do his work in a skillful manner brought about by:

1. The realization that forgery is a criminal act;2. Fear of discovery which certainly result to punishment;3. Painful anxiety to do the work well.

To be able to forge successfully, one must:

1. Be able to see significant characteristics of the writing of another;2. Have the muscular skill necessary to reproduce the writing imitated;3. Be able to eliminate, at the same time all the characteristics of his writing.

Forgery is apt to show failure in these phases of performance.

The necessity of adjustment of impulses disturbed when muscles become tense as a result of extra effort to produce a good forgery, and the best results can be achieved only when muscles are somewhat relaxed so that all work is in harmony.

Simulation and also tracing, gives attention to conspicuous features of form only, not to the many other details and elements entering into the process.

Developed natural writing which is an almost automatic act that follows the fixed grooves of habit becomes necessarily stained when attention is given to it.

Page 6: Questioneddocuments - Copy

In SIMULATED FORGERY, the forger has a model (genuine signature) before him which he is going to copy. Often he undertakes some practice before he proceed to his work of simulation or imitation.

In rarer instances where the forger cannot avail of a genuine signature for a model, he may rely on a mental pattern of the signature which he may have owing to long acquaintances of association with said signature.

TYPICAL DOCUMENT PROBLEMS:

a) The identity of the writer of the document.b) The determination, removal or decipherment of erasures, interlineations,

deletions, additions, and other alterations.c) The age of the document.d) The source of the paper.e) The source and age of typewriting.f) Comparisons of handwriting and typewriting.

DOCUMENT EXAMINATION

a) Examination by the Investigator: The investigator may perform limited examination of the evidence document in cases, such as involving anonymous letters, where the authorship is questioned. He should study the document and compare it with any available standards. His attention should be directed to the contents of the letter, similarities in writing, typing, spelling, locutions, punctuations, and the type of paper. Immediate precautionary action or investigative leads may be indicated as a result of this study. Conclusion regarding the document should remain within the province of the expert.

c) Laboratory Examination: The expert employs scientific techniques & appropriate instruments in the laboratory. Examinations may involve microscopy, chemical analysis, micrometry, colorimetry, ( PAGE 7)photomicrography, ultraviolet, and infrared photography.

HANDWRITING IDENTIFICATION The questioned document cases usually concerned with proving of authorship. The following determinations may be involved in comparisons of handwriting:

1. Whether the document was written by the suspect.2. Whether the document was written by the person whose signature it bears.3. Whether the writing contains addition or deletions.4. Whether a document such as bill, receipt, suicide note, or check is a forgery.

PRINCIPLES UNDERLYING HANDWRITING COMPARISON

“ NO TWO PRODUCTS OF MAN OR NATURE ARE IDENTICAL, AND DIFFERENCES ARE PERCEPTIBLE IF A SUFFICIENTLY CLOSE STUDY IS MADE.” Through years of practice each individual acquires permanent habits of handwriting. The group of characteristics which form his script constitutes and identifiable picture. In comparing the questioned and standard specimen, characteristics of sufficient kind and number which are common to both must be established and there must be no unexplainable differences.

HANDWRITING CHARACTERISTICS WHICH SERVES AS THE BASIS IN EXAMINATION

1. Quality of Line. The lines which form the letter will vary in appearance with pen position, pressure, shading, rhythm, tremor, continuity, skill and speed.

2. Form. The formation of letters is highly characteristic. Slant, proportions, beginning and ending strokes, retracing, and separation of parts will vary with different persons. Ornamentation and flourishes at the beginning and end of the words and sentences are peculiarly individual.

3. Spacing. Letters words and lines are separated in a consistent fashion.

Page 7: Questioneddocuments - Copy

4. Spelling and Punctuation. The degree and kind of education will determine these elements.

Another book enumerated these characteristics as:

a) Slant- which refers to the slope of the handwriting in relation to the baseline. It is fairly a stable characteristics and the average slant varies very slightly in writings which are done naturally.

b) Alignment- is the relation of successive characters or elements of the words, signature or line to an actual imaginary baseline.

c) Proportion- of the letter may refer to the proportion or apart to the other part of the letter or the relative height of one letter to the other. This is one of the hidden features of writing as it is unknown writing of another being simulated.

Proportion and Ratio 1. Normal- ½ size of the capital letter is the size of small letter.

2. High Proportion- more than ½ the size of capital letter. 3. Low Proportion- less than ½ of the size of capital letter is the size of small letter.d) Stroke or Structure- refers to letter to letter comparison.

TWELVE (12) METHODS/POINTS OF COMPARISON

Point 1- UniformityPoint 2- Irregularities

Are the strokes patched or retouched? Are there small marks near the strokes? Are the strokes wavering? ( PAGE 8) Are the connecting strokes broken? Are the circle formations made up of separate strokes? Are there pen lifts? Are there vertical strokes mixed with a forward slant? Look for individualized strokes (not a sign of forgery) for identification.

Point 3- Size and Proportion What is the height of the overall writing? What is the height of the short letters in relation to the tall ones? Do the strokes diminish in size? Do they increase in size Are they narrow in proportion as they are tall? Does the sentence formation create a convex and concave baseline? Does the sentence formation consistently run uphill? Consistency runs downhill? Form converging “railroad track”?

Point 4- Alignment Do the strokes follow straight along the baseline? Do the letter strokes leave the baseline? Do the word strokes leave the baseline? Is the left margin essentially even? Is it jagged? Do the strokes hit the margin at an oblique angle How much space is there between capitals and small letters? Between separate capitals? Between word formations? In connecting strokes? Proportion of space breaks between letters?

Point 5- Spacing Are the strokes above and below the line balanced? How tall are the d and t stems in proportion to the rest of the writing? Are the strokes ill-formed?

Point 6- Degree of SlantPoint 7- Weight of StrokesPoint 8- T-Bars and I-Dots

Page 8: Questioneddocuments - Copy

Point 9- The Needle, the Wedge, the Round, the FlatPoint 10- LoopsPoint 11- Circle FormationsPoint 12- Initial and Final Strokes

THREE (3) BASIC MOVEMENTS/MOTIONS IN HANDWRITING1. Clockwise motion2. Counterclockwise motion3. Straight line motion

WRITING INSTRUMENTS

a) Pensb) Ballpoint pensc) Pencilsd) Crayons, Chalk and Brushed

THINGS TO BE CONSIDERED WHEN OBTAINING HANDWRITING OR HAND PRINTING SAMPLES FROM THE SUSPECT: (page 9)1. Obtain standards from dictation until it is believed normal writing has been produced.

( The number of samples needed cannot be determined in advance)2. Do not allow the suspect to see either the original document in question or a photograph

of it.3. Remove each sample from the sight of the writer as soon as it is completed.4. Do not give instruction on spelling, punctuation, arrangement, etc.5. Use the same writing media such as type and size of the paper, writing instruments,

printed forms (such as checks, notes etc.)6. Obtain the full text of the questioned writing in word for word order at least once, if

possible. Signatures and less extensive writing should be prepared several times, each time on different piece of paper. Obscene passages, proper nouns, etc. may be omitted from the dictation.

7. In forgery cases the laboratory should also be furnished with genuine signatures of the person whose name is forged.

8. Obtain samples with both the right and the left hands.9. Obtain samples which are written rapidly, slowly, and at varied slants.10. Obtain samples of supplementary writing such as sketches, drawings, manner of

addressing an envelope, etc.11. Include a statement that the samples are being given voluntarily. Writer should initial

each page.12. Witness each sample on the back, never on the front.13. If readily available, samples of un-dictated writing should be obtained,, such as

applications for employment, social or business correspondence, school papers, etc.14. The investigator should advise the document examiner concerning the suspects manner of

writing, i. e., whether he was relaxed, whether he was writing slowly or rapidly, or apparently attempting to disguise all or a portion of the handwriting.

The availability of adequate handwriting samples will allow more suitable examination which will result into a greater number of definite conclusion and will therefore, also assist the expert witness a better presentation of such conclusion in court.

TYPES OF INK There are varieties of ink today in the market but a modern ink are usually of six (6) types:a) Gallotannate Inkb) Logwood inkc) Nigrosine inkd) Aniline inke) Carbon ink or colored writing inkf) Ball point pen ink

Page 9: Questioneddocuments - Copy

PHILIPPINE BANKNOTES The main engraved components of each value of the notes may be enumerated as follows:

1. A portrait or portraits on the front with finely engraved backgrounds.2. A border and value panel, constructed of security white line geometric patterns.3. Lettering, shading and ornamentation of varied depth and fineness of line.4. Security “black line” geometric patterns, also known as “guilloche” work.5. Finely engraved vignettes on the back.6. Subsidiary printings.

HOW TO DETECT COUNTERFEIT CENTRAL BANK NOTES

Study the workmanship of each denomination of known genuine Central Bank Notes. Take note and familiarize yourself with the various characteristics of the following features:

1. Distinctive feel (page 10)2. Portrait3. Watermark in Filipino notes4. Red and blue fibers widely distributed on the paper5. Broken thread vertically arranged on the left side of the Filipino notes6. Lacework design7. Color of each denomination8. Color, style and size of serial number9. Vignette; and10. Cleanness of print

DOMINANT COLOR FOR EACH DENOMINATION

100 peso-Mauve 50 peso- Red 20-peso-Orange 10-peso- Brown 5 peso- Green 1 peso- Blue

GLOSSARY:

Abnormal Writing Condition- writings executed not in a normal condition, such as standing, walking, lying position.

Alignment Defects- Includes characters which write improperly the following respects: twisted letter, horizontal or vertical mal-alignment, and a character off-its-feet.

Altered Documents- it is one that contains some changes, either as an addition or deletion.

Angular Style of Writing- a writing wherein most part specifically the upper and lower strokes forms an angle or wedge.

Arc- is the bend, crook or curve on inner side of a loop of letters such as “b”, “c”, “n”, and “p”. It also refers to any arcaded form in the body of letters “c”, “a”, “s” and “o”.

Ascender- is the top portion of the letter or upper loop of letters such as; b, d, l, f, I, and k.

Ballpoint pen- a pen with a tiny rotating ball that pick-up supply of ink by contact on the reservoir and then transmit it to the paper.

Baseline-is the ruled or imaginary line in which the letter rests.

Benzene method-a chemical method of ink examination.

Block Style of Writing- is characterized by writing in which all the letters are in capital or printed.

Page 10: Questioneddocuments - Copy

Blunt- is the beginning and ending stroke of both small and capital letters, wherein the pen touched the paper without hesitation, beard , hitch or knob.

Body – is that part of the letter which ordinarily forms a small circle, usually lies on the line of writing such as bodies of a, o, d, g, p, and q.

Bowl-is the fully rounded oval or circular formation in a letter which is complete in “o” and modified in b, d, p, and r.

Buckle knot- is the horizontal loop that are used to complete such letters as a, b, h, and k.(page 11)

Cacography- is characterized as bad writing.Calligraphy-is the art of beautiful writing.

Carbon Impressions- any typewriting which is placed on the paper by the action of the typeface striking through carbon paper.

Carbon Inks- consists of a finely ground carbon particles suspended in water.

Decipherment- is the process of making out what is illegible or what has been effaced. It refers to the process of searching or making out the material which is illegible without actually developing or restoring the original writing on the document itself.

Defects- is any abnormality or maladjustment in a typewriter which is reflected in its work and which led to its individualization and identification.

Descender- is the lower portion of the letter or lower loop of g, j, q, y, and p.

Diacritic- is an element added to complete a certain letter such as “dot” on small “i”, j, bar on “t” and accent mark on foreign language.

Disguised writing- when the writer try to deliberately alter his usual writing habit in the hope of hiding his identity. The result irregardless of its effectiveness is termed as disguised writing.

Display exhibit- describes a greatly enlarged photographic court exhibit which is made to such size that it must be placed upon an easel before the jury box.. These are also called bromide enlargements.

Disputed document- means that there is argument or controversy over the document.

Document- is any material having marks, signs, symbols, which are either partially visible or invisible which may ultimately convey meaning to someone or a printed or written paper containing a record, statement or an instrument containing inscription.

Document Examiner- one who studies scientifically the details and elements of documents in order to identify their source or to discuss other fact concerning the same.

Ductus Broken or Junction Broken- refers to the disconnected or non-continuous strokes between two letters.

Ductus Link or Junction connection- a continuous line that connects or joins two letters.

Efface – to rub out, to strike or scratch out or to erase.

Erasure- the removal of writing, typewriting, or printing from the document.

Examination- is the art of making a close and critical study of any material and with questioned document as the process necessary to discover the facts about them. Various types are undertaken including microscopic, visual, photographic, chemical, ultra-violet and infra-red examinations.

Page 11: Questioneddocuments - Copy

Exemplar- is a standard of writing of known authorship which can be used by the expert in comparison.

Expert Evidence- is the testimony of a person who is skilled or possessing knowledge of a particular department of human activity.

(page 12)Expert Witness- a legal term used to describe a witness who by reason of his special, technical training and experience is permitted to express an opinion regarding an issue or a certain aspect of issue that is involved in a law suit.

Eye loop or Eyelet- is a small loop formed by strokes that extends in divergent direction as in b, c, f, k, p, r, s, w and z.

Flexibility of pinpoint- the quality of the nib pen that varies with the different pens and can be measured by the amount of pressure necessary to cause a spreading of the nibs or a given degree of shading.

Flying start and flying finishes – when the motion of the pen proceeds the beginning of the stroke and continue beyond the end to a vanishing point is found in free natural writing and as a rule is an important indication of genuineness.

Foot – is the base or bottom of a letter that lies on the line of writing.

Forgery – a legal term which involves not only a non-genuine document but also on intent on the part of the marker defraud. Outside of the courtroom, however, it is used synonymously with fraudulent signature or spurious document.

Form of bundness – there are people who lacks the ability to differentiate forms, size, latter configuration, design and angle.

Fountain pen – is the modern nib pen which contains a reservoir of ink in an specially designed sack or chamber.

Freehand imitation or simulated forgery – a fraudulent signature which was executed by simulation rather that by tracing the line of a genuine signature can be referred to as executed in free hand imitation.

Gooping of ballpoint pen writing – is the excess of globules of ink oftentimes deposited after a sharply curve stroke or the point of an abrupt change of writing direction.

Graphology – is the art of determining character, disposition and aptitude of the individual from the study of handwriting.

Guided hand signature – signature actually produced by the cooperation of two hands and two minds. A seriously ill-testator sometime ask someone for assistance in affixing his signature, generally then, abnormally, clums disconnection, uneven alignment and illegibility are indication of genuiness and the opposite condition are evidence of lack of genuineness.

Habit lettering – a disconnected style of writing in which each letter is written separately is a form of hand lettering of hand printing.

Habit – a writing habit in any expected elements of defect which may serve as identifying characteristics in individualize writing.

Hand exhibit – described a photographic court which is designed to be held and examined by the individual juror or pair of judges.

Handwriting – is the result of very complicated series of act, being as a whole, a combination of certain forms of visible metal and muscular habit acquired by long continued painstaking effort.

Page 12: Questioneddocuments - Copy

Handwriting – is the result of a bodily movement, which is almost unconscious, of fixed muscular habit reacting from fixed mental impression o certain idea, associated with script form.

(page 13)Handwriting – extended writing

Handwriting – Block-style. Hesitation – is the term applied to the irregular thickening which is formed when the writing shows down or stops while a penman takes stocks of the position.

Hiatus – may be regarded as a special form of pen lift distinguishable in that a perciplible gap, appeared in writing, though sometimes hiatus are caused by failure of ink to register on a paper due to speed of writing movement.

Hitch – is the introductory background stroke added to the beginning of any capital letters. It is also seen occasionally in introductory strokes of some small letters.

Holographic document – any document completely prepared, written and signed by the person himself without the assistant of any lawyer.

Hook – a minute and involuntary talon-like formation often found at the commencement of an initial upstroke on at the and of terminal stroke.

Individual Characteristics – characteristics highly individualize or peculiar to an individual writer or characteristics which are highly personalize and unlikely to occur in other instances.

Infrared Examination – infrared examinations of document employ invisible radiation beyond the red portion of the red portion of the visible spectrum(rainbow) which is usually recorded on specially sensitized photographic emulsion

Infrared Photography – the principle in infra-red photography as a means of prapring photographic evidence is based upon the fundamental facts that different substances which looks alike to the naked eye but are of different chemical component may have a varying ability, reflect or transmit infra-red rays and hence, will not appear alike when photographed by infra-red rays.

Initial Emphasis – is the greater pressure on stroke or the initial stroke.

Ink – is a fluid or viscous marking material used for writing or printing.

Ink Analysis – the application of chemicals on ink to determine its component whether or not it came from the same source.

Ink Eradication – consist of the chemical solutions which are capable of bleaching ink.

Ink Flow back – ink sometimes will flow back on stroke from a shaded to an unshaded portion giving the appearance of two ink film. Logwood ink sometimes shows these characteristics. Such flow back of an ink should not be mistaken from a retouching or patching. The condition is readily distinguishable from an actual patching by this accurate fitting together of the lines.

Insertion or Interlineations – include the addition of writing and other material between lines or paragraphs, to the addition of whole pages to a documents.

Inside or Middle Letter – letter between the initial and terminal stroke.

Intersection – is the meting of two lines which intersect.Iodine Fumes – a kind of chemical examination of ink erasure.

Junction – is the meeting of two lines which do not cross.(page 13)

Knob – is the extra deposit of ink in the initial and terminal stroke due to the withdrawal of the pen from the paper.

Page 13: Questioneddocuments - Copy

Lead or Graphite – is the substance in the pencil commonly made up of tetanum chloride, sulfite and ion that produce.

Legal Tender Philippine Currency-Notes and coins issued and circulating in accordance with R.A. 266 as amended by R.A. 7653, which when offered for the payment of private or public debt must be accepted.

Lens – consist of one or more optically ground glasses which focus light rays similar to the pupil of the eyes and to focus an image of the object being photographed or the film surface.

Ligature – a stroke connecting two letters.

Line quality – it is the condition of the pen line itself. Good line quality is characterized by smoothness of writing, regularly of curves and shades. It results from the writer’s being largely unconscious of the actual act of writing and concentrating instead of what is being written. Poor line quality, on the other hand, is the result of the writer’s given too much attention to the actual process of writing.Majuscule – a capital letter.

Misalignments – synonymous with the term “alignment defect”.

Microscopic Examination – any study or examination which is made with the microscope in order to discover the minute physical details.

Miniscule – a small letter.

Model signature – a genuine signature which has been used in imitation or traced forgery.

Movement – it is the most important elements of handwriting. It embodies the factor related to the motion of the writing instrument, skill, speed, freedom, hesitation, rhythm and emphasis. The manner in which the writing instrument is move, that is, finger movement, hand movement, arm movement and whole arm movement.

Movement impulse – this refers to the uniformity and continuity of strokes. Forged writing is usually produced by a broke movement to may more interrupted motion or movement impulse than genuine writing.

Natural variation – this are normal and natural deviation found between repeated specimen of an individual handwriting.

Natural writing – any specimen of writing executed normally without any attempt to deviate from his norm, control or alter its identifying habits in its usual quality of execution.

Non-eaqeous ink – an ink which the pigment or dye is carried in any vehicle other than water. Inks of this class are found in ballpoint pens, typewriter ribbons and stamp pads and all widely used in the printing industry.

Oblique or side lighting examination – an examination with the illumination so controlled that it gazes or strikes the surface of the document from one side at a very low angle.

Obliteration – the blotting out or smearing over of writing to make the original invisible or undecipherable.Off its feet – a condition of typeface writing heavier either one side or corner than over the remainder of its outline. (page 14)

Opinion – the document examiner’s conclusion. In court, he not only expresses an opinion but demonstrates his reason for arriving at his conclusion.

Paper analysis – the application of chemicals on the paper to determine its component whether or not it came from the same source.

Page 14: Questioneddocuments - Copy

Patching – going back over a defective writing stroke or a attempt to improve an imitation.

Pen – a writing instrument used to apply inks to the paper.

Pencil grade – is the quantitative description of the hardness or softness of a pencil that is how a dark stroke is capable of making.

Penlift – an interruption in a stroke caused by removing the writing instrument (pen) from the paper.

Pen nibs – the two divisions or points which from the writing portion of the pen.

Permanent defects – any identifying characteristics of a typewriter which cannot be corrected by simply cleaning the typeface or replacing the ribbon.

Photomacrographs – a similarity enlarged photograph prepared from a camera with the use of macro lens.

Photomacrography– this is the process of obtaining a magnified photograph of a small object without the use of microscope but, by using a short lens and a long below extension.

Photomacrograph – is a photograph with a magnification of, from two to fifty times the original size.

Photomicrograph – is a photograph made through a compound microscope or stereoscope and may be a greatly enlarged image of minute details or of a small area.

Photomicrography – this is the science of obtaining photographic magnification of a minute object by using camera attached to a compound microscope. The camera lens is removed because the microscope lens forms the image.

Platen – the cylinder which serves as the backing for the paper and which absorbs the blow of the typeface.

Proportional spacing typewriting – a modern form of typewriting which resembles printing in that all the letters, numerals, an symbols do not occupy the same horizontal space as they do with the convectional typewriter.

Qualifications – the professional experience, education and ability of document examiner combine to make up his qualifications.

Quality – is a distinct or peculiar character. It is used in describing handwriting to refer to any identifying factor which is related to the writing movement itself.Rebound – is a defect in which the character prints a double impression with the lighter one slightly offset to the right or left.

Rebutting evidence – is that evidence that counter act, to repeal or destroy evidence, or disproved the evidence by either side.

Restoration – describes any process in which erased writing is developed or brought out again on the document itself.Retracing – any stroke which goes back over another writing stroke.

Safety paper – this term is applied to paper which has been treated in such a way as to minimize the chances of successful forgery by erasure whether mechanical or chemical being carried out in any document which forms the basis. Script writings – are characterized by writing which are not point together or disconnected.

Secret inks – a material used for writing which is not visible until treated by some developing processs or substance can serve as a secret o r sympathetic ink.

Page 15: Questioneddocuments - Copy

Sequence of strokes – the order in which the writing strokes are placed on the paper.

Shading – is the widening of the ink stroke due to added pressure on a flexible pen point or to the used of a stub.

Significant writing habit – this term is applied to any characteristics of writing which is sufficiently unique and well fixed to serve as fundamental point of identification.

Slant – is an angle or inclination of the axis of the letters relative to the baseline.

Speed of writing- the motion of a writing instrument characterized by slow, moderate or rapid. Writing speed cannot be measured precisely from finished handwriting but can be interpreted in broad terms of slow, moderate or rapid.

Spurious signature – describes as fraudulent signature in which there was no apparent attempts of simulation or imitation.

Standard – are those things whose origin are known, can be proven and which can be legally use for comparison with other things in question.

Surface texture or paper – the surface of any sheet of paper when viewed under magnification is not absolutely smooth and flat, but is irregular and rough.

Synthetic dye inks or aniline inks – any ink which consists simply of a dye dissolved in water together with the necessary preservatives.

System of signature – the combination of basic design of letters and the writing movement as taught in school make up the writing system.

Testimonial evidence – is the oral testimony of a man or an expert in court or written affidavit by an ordinary witness.

Traced forgery – any fraudulent signature which was executed by actually following the outline of a genuine signature in a writing instrument.

Transitory defects – an identifying characteristics which can be eliminated by cleaning the machine or replacing the ribbon such as clogged typefaces.Transmitted light examination – the document is viewed with the source of illumination behind it and the light passing through the paper.

Tremors – a writing weakness portrayed by irregular,, shaky strokes.

Twisted letter – each letter and character designed to point at a certain fixed angle to the baseline, due to wear and damage to the type bars and the type block, some letters become twisted so that they lean to the right or left of their correct slant.

Typeface – the printing surface of the type block.

Typeface defects – any peculiarity of typewriting caused by actual damaged to the typeface metal.

Ultra-violet examination – ultra-violet radiation is invisible and occurs in the wave length just below the visible blue (light) violet ends at the spectrum (rainbow). These visible rays react on some substances see that visible light is reflected, a phenomenon known as fluorescence. Thus, ultra-violet examination may be made visually or photographically by recording either the reflected ultraviolet or invisible radiation.

Ultra-violet photography – the utilization of ultra-violet rays in document photography to restore or uncover writings, writings which have been erased chemically or mechanically or in the detection of substitution, over writing, superimposition, and secret writing.

Page 16: Questioneddocuments - Copy

Vertical Misalignment – a character printing above or below is proper position.

Watermarks – a certain paper are marked with a translucent design a watermark, impressed in them during the course of their manufacture.

Writing Conditions – include both the circumstances under which the writing was prepared and the factors which influence the writer’s ability to write at the time of execution.

Written impressions – the small writing indentations completely devoid of nay pigment. They may be found a sheet of a table paper which was immediately below the one on which writing was done, or they may be remain after pencil or typewriting has been erased.

Wrong-handed writing – any writing executed with the opposite hand from that normally used. Thus, the writing of a right handed person which has been executed with his left hand accounts for the common terminology for this class of disguise in “left handed writing”.

Counterfeit Note-An imitation of a legal and genuine note intended to deceive or to be taken for that which original, legal & genuine.

Counterfeit Coin- an imitation or forged design of a genuine and legal coin regardless of its intrinsic value or metallic composition, intended to deceive or pass for the genuine coin.

Section 9, R.A.7653- reproduction of facsimile- size less than 3/5 or more than 11/2 times in size of the currency note being illustrated.

Types of US Dollars:

Federal reserve Note – those with green treasury seal and serial number.Dollars with number and letter representing the Federal Reserve District in which that bank is located:

1- Boston Massachussetts – A 7- Chicago Illinois –-- G2- New York, New York - B 8- St Louis Missouri---H3- Philadephia, Penn. - C 9- Minneapolis, Minn.-I4-Cleveland, Ohio - D 10- Kansas City , Miss.-J5- Richmond Virginia -E 11- Dallas, Texas--------K6- Atlanta, Georgia - F 12- San Francisco, Calif- L

US Note – with red Treasury seal & Serial NumberSilver Certificates- with Blue Treasury seal & Serial Number

Portrait$ 1- George Washington $ 50- Ulysses Grant $ 10,000- Salmon Chase $ 2- Thomas Jefferson $ 100- Benjamin Franklin $ 5- Abraham Lincoln $ 500- William McKinley $ 10- Alexander Hamilton $ 1000- Grover Cleveland $ 20- Andrew Jackson $ 5000- James Madison

QUESTIONED DOCUMENT EXAMINATION"The handwriting on the wall may be a forgery" (Ralph Hodgson)

    A "questioned" document is any signature, handwriting, typewriting, or other mark whose source or authenticity is in dispute or doubtful. Letters, checks, driver licenses, contracts, wills, voter registrations, passports, petitions, threatening letters, suicide notes, and lottery tickets are the most common questioned documents, although marks on doors, walls, windows, or boards would also be included by definition.

     QDE, or Questioned Document Examination, has been a profession at least since 1870, and frequently is found in cases of forgery, counterfeiting, mail fraud,

      SOME FAMOUS FORGERS & FORGERIESMajor George Byron (Lord Byron forgeries)Thomas Chatterton (Literary forgeries)

Page 17: Questioneddocuments - Copy

kidnapping, con games, embezzlement, gambling, organized crime, white collar crime, art crime, theft, robbery, arson, burglary, homicide, serial murder, psychological profiling, and deviant sex crime. A number of famous cases over the years, some involving wrongful conviction -- the Dreyfus affair; Bruno Hauptmann and the Lindbergh Kidnapping; the Hitler Diary profiling controversy; and Clifford Irving's forgery of Howard Hughes signature and Mormon documents -- were showcases for the talents of various experts at QDE. It's strength, drawn from civil law, is that expert opinion can overturn (alleged) eyewitness opinion.

John Payne Collier (Printed forgeries)Dorman David (Texas Dec. of Independence)Mark Hofmann (Mormon, Freemason forgeries)William Henry Ireland (Shakespeare forgeries)Clifford Irving (Howard Hughes forgery)Konrad Kujau (Hitler Diaries)James Macpherson (Ossian manuscript)George Psalmanasar (Literary forgery)Alexander Howland Smith (historical documents)Thomas James Wise (Printed forgeries)Unknown (Documentary Photos Billy-the-Kid)Numerous (Biblical forgeries)

    Historically, QDE has been somewhat of an inclusive profession, even to the point where so-called pseudo-experts (in palmistry and fortune-telling) were sometimes welcome, and even today, it suffers from a bit of identity crisis in that at least eight (8) different, or related, areas can be identified:

Questioned Document Examiners -- A document examiner analyzes any questioned document and is capable of more than just questions of authorship limited only by their access to laboratory equipment

Historical Dating -- These is work involving the verification of age and worth of a document or object, sometimes done by a document examiner, and can get as complicated as Carbon-14 dating 

Fraud Investigators -- This is work that often overlaps with that of the document examiner and focuses on the money trail and criminal intent

Paper & Ink Specialists -- These are public or private experts who date, type, source, and/or catalogue various types of paper, watermarks, ink, printing/copy/fax machines, computer cartridges, etc., using chemical methods

Forgery Specialists -- These are public or private experts who analyze altered, obliterated, changed, or doctored documents and photos using infrared lighting, expensive spectrograph equipment, or digital enhancement techniques

Handwriting Analysts -- These are usually psychology experts who assess personality traits from handwriting samples, also called graphologists or grapho-analysts; Forensic stylistics refers to the same purpose but by looking at semantics, spelling, word choice, syntax, and phraseology.

Typewriting Analysts -- These are experts on the origin, make, and model used in typewritten material

Computer Crime Investigators -- This is an emerging group that relates to QDE through some common investigative and testimonial procedures

    It's probably a futile effort to rigidly demarcate and delimit the various areas of QDE as there will always be overlap, evolution, and, perhaps, controversy. 

INVESTIGATIVE FOUNDATIONS

    One of the things important to understand is what the QDE expert is looking for. This deals with the issue of class characteristics versus individual characteristics.

Page 18: Questioneddocuments - Copy

    In a nutshell, CLASS characteristics, which are commonly found at crime scenes, describe evidence which can only be associated with a group (like those with certain personality traits) and not a single source. Such evidence can only be used for corroboration or circumstantial purposes, and the evidentiary problem lies in the fact that little or no mathematical models exist to assess probability values with the comparison of class evidence. The expert must say things like "relatively certain" instead of things like "95% of the time" or "an odds-ratio of 300:1".  INDIVIDUAL characteristics describe evidence that is associated with a common source and an extremely high level of probability. It's not so much that the evidence points directly at anything or anyone; it's that it draws an inevitable conclusion based on mathematical calculations or probabilities so high as to defy human comprehension while at the same time substantiated by the opinion of a scientific expert.

THEORETICAL UNDERPINNINGS

    Among QDE experts, the use is made of many different scientific principles from a variety of disciplines, and one of the first attempts at basic principles appeared in Albert Osborn's Questioned Documents in 1910, grounded in handwriting comparison as evidence of individual characteristics (paraphrased below):

1. The most identifying characteristics are those which are most divergent from the regular system or national average.2. Repeated characteristics which are inconspicuous should be sought first and given the most weight.3. Regular or national system similarities are not alone sufficient to base judgments.4. It is the combination of particulars, common and uncommon, that identifies.5. It is impossible to discover how all strange and peculiar characteristics came to be developed.6. People do wholly unaccountable things in their speech, gestures, and writing.7. An individual characteristic may be the survival of an error overlooked by a teacher.8. Many characteristics are outgrowths or copies of an at one time admired design.

    The psychological theory of handwriting comparison is developmental. Children learn to write by copying whatever style of writing is fashionable at the time and taught to them by teachers from textbooks. This style is known as the regular or national system, and for most of the twentieth century, it was either the Palmer system or the Zaner-Blosser system for cursive. Today, there are many systems, or no system. As the child grows, the act of writing becomes a subconscious effort and begins to pick up habitual shapes and patterns that distinguish it from all others. This is most evident with capital letters and numerals.  Handwriting has individual characteristics due to it being largely unconscious behavior. The unconscious handwriting of two different individuals is never identical. Mechanical and physical factors, as well as the mental ones, make it highly unlikely that the exact same handwriting occurs in two different people. It's therefore important that samples, exemplars, or specimens (all synonymous terms for documents of known origin) be obtained under conditions as similar as possible to the conditions present at the time the disputed, doubtful, or original (all synonymous terms for questioned documents) was created.  These conditions are an essential part of what are called standards of comparison:

Care must be taken to avoid samples which are deliberately written in a crude, unnatural way, or so well thought out as to disguise the writer's natural style

A sufficient number of samples must be taken, several pages if necessary, over and over again, to establish multiple (more than one) comparisons of single characteristics or combinations of common and uncommon characteristics

Samples should be taken within two or three years of the disputed writing in order to rule out changes in style that may have occurred over time or with age

The sample should include some dictated text, words, or phrases contained in the original document (but under no circumstances should the writer be shown the questioned document)

Page 19: Questioneddocuments - Copy

Pen and paper, as well as writing position, should consist of the same conditions that existed at the time the questioned document was written (if these facts are known)

TECHNICO-LEGAL CONSIDERATIONS

    Legally, the conditions in place that produced the specimen serve to authenticate it as a standard. Authentication, or positively establishing the origin of known documents, is required for any piece of documentary evidence. This can be accomplished by the testimony of witnesses who saw the original writing produced, by the testimony of persons familiar with the writing, or (in some states) by a post litem motam courtroom demonstration where the writer gives a sample which is checked within an hour to a day or more by a QDE expert.  Technically, even the police could extract authenticated samples since neither Fourth nor Fifth Amendment rights apply to handwriting samples. In addition, some samples are self-authenticating -- as in any writing on legal forms, business correspondence, responses to communication from others, and some "ancient" documents (over 30 years old). Irregularities in the authentication (or discovery) process of a handwriting case are NOT grounds for reversible error. The accused may get a new trial, but they are not exculpated or found innocent by most courtroom errors. Refusal by the accused to give a handwriting sample is presumptive evidence of guilt. There's no right to remain silent when it comes to handwriting.

    A potential problem exists with signatures. People usually have three (3) different signatures: (1) a formal one, used on important documents; (2) a routine one, used on regular correspondence; and (3) an informal one, used for jotting quick notes. Also, other circumstances affect writing such as age, arthritis, emotional distress, medication, intoxication, and corrective vision. It's difficult to tell handedness, gender, and age from unknown samples. QDE experts must consider all these things, and make an informed judgement (usually in consultation with an investigator or attorney) based on their familiarity with handwriting dynamics (e.g., appearance, laborious movements, rhythm). With an impairment like arthritis, for example, the writing function may become more of a conscious than subconscious effort, making for a more complex case. However, a paraphrasing of Larry Miller's (1987) indicia drawn from a review of the forgery literature might provide useful guidelines when dealing with impaired or deliberately deceptive writing:

Line Quality Irregular, laborious, shaky, lack of rhythm

Size/Proportion

Larger, wider, higher, inconsistent, different spacing after caps

Pen lifts Frequent lifts off paper

Angle/Slant Greater than 5 degree change, other-hand slanting

Pen Pressure Heavier than usual

Circle formation

More teardrop or egg-shaped, frequent counterclockwise formations

Retouching formal signature used, often retracing strokes, foreign marks present

Loop formation

Wider spacing between, more squared, shorter, or broken loops

Stroke formation

Wider M's and W's, more squared or wedge-shaped stokes

Alignment Change in baseline habits, more downward slants from baseline

Diacritics Heavier t-crossings and i-dots, position placement changes

Begin/end strokes

Heavier pressure, blobbed, vertical position change or slanting

    Problems get stickier when trying to draw personality inferences from handwriting samples. Remember this is the realm of graphology, but it might be interesting to look at a few traits of interest to criminal justice and criminology. With that in mind, here's a small, academic fair use sample of the Trait Dictionary from Bart Bagget's MyHandwriting.com.

Page 20: Questioneddocuments - Copy

Be advised that these are not definitive interpretations by any means because there are over 30 different "systems" of graphology in existence.

    Graphology systems tend to be one of three (3) types: (1) those based on individual letter formations; (2) those based on stroke analysis; and (3) those based on an holistic/gestalt method. Over 3000 private business companies use it routinely (to screen employees), and it enjoys a growing sense of scientific respectability.  The courts appear to be waiting to see college psychology courses on it. It probably has the most validity with the following domains: (1) intelligence; (2) attitude toward work; and (3) interpersonal skills. Recent developments have focused on "profiling" of uncaptured criminals and sex offenders (where handwriting analysts say they can spot a "perversion", not exactly the best word for it). 

    There's some precedent in art therapy and projective psychological testing for graphology.  Many convictions of child sex offenders have occurred because of what the child victim portrayed in a drawing, and with psychological testing, there's the famous "Draw a Pig" assignment, which apparently contains everything you need to make a subjective personality assessment from: where placed on paper; the size of the pig; the pressure applied; the direction the pig is facing; attention to details; line quality; angular or curved strokes; and emphasis on head of pig.

 TESTIFYING IN COURT 

       There's quite a bit of divergent terminology found in court testimony. The most common "conclusions" are really qualified opinions. Although the science of QDE has its origins in Bertillon's points of comparison method, there's no set standard, such as 11 or 12 "matches" as with fingerprinting. Instead, it's up to each expert to say what constitutes a sufficient number. The most commonly used phrases are "significant similarities", "most probably", or "very probably". An expert opinion need not be based on absolute certainty. A QDE expert can expect to be on the stand a long

Page 21: Questioneddocuments - Copy

time, as direct, cross, redirect, and recross trial procedures play out. The background and integrity of the expert as well as the quality of the evidence determines both admissibility and impact.

    Court-recognized expertise as a QDE expert is not something that can be achieved through self-study alone. An old common law rule that isn't recognized much anymore says that one can become an expert by study without practice or by practice without study. With QDE, the courts (State v. Evans 1991) have decided that a person needs both: study and practice -- that is, a period of training (internship or apprenticeship is better than a self-study course) and a period of experience (twenty some previous cases worked on is a good average). In addition, there's a rather large literature base to become familiar with, and a good number of journals, periodicals and newsletters.

 COMPUTER CRIME DEVELOPMENTS

    Computer forensics is used in many areas. In civil law for discrimination and harassment cases, by insurance companies for workman's compensation cases, by corporations for trade secret misappropriations, and in criminal law mostly for drug and embezzlement record-keeping and child pornography. As mentioned previously, this is a loosely related, developing specialty area. It is most closely related to typewriting comparison. The FBI has, for many years, maintained typewriter databases, ink databases, copy toner databases, paper databases, and watermarks (which sometimes change every year). Private examiners do not have the advantage of large databases available to government examiners. Computers and computer printouts also leave a trail that can be followed, whether it's from something simple like how full or dry a printer ink cartridge is, to the various alignments and misalignments of dot matrix and laser printers, to fiber analysis of the paper used, computer crime specialists utilize some of the same age-old techniques that typewriting analysts used as well as other investigative methods.

    A computer forensics expert will have experience on a wide variety of hardware and software. Unlike paper evidence, computer evidence exists in many forms, with earlier, alternate, and backup versions of each and every file somewhere on the hard drive and frequently unknown to the user. The process of examining a suspect computer system is as follows:

Secure/protect the system from further use, damage, or corruption Discover all files, including hidden and encrypted ones

Recover all (or as many as possible) deleted files

Reveal all hidden, temporary, and swap files

Access all protected or encrypted files

Analyze all unallocated or "slack" spaces on a disk

Print out an overall analysis of the system, listing all files

Formulate an opinion of the system layout, file structure, and any attempts to hide, delete, protect, or encrypt information

INTERNET RESOURCESAmerican Society of Questioned Document ExaminersBart Bagget's MyHandwriting.comFree Handwriting Analysis SoftwareGraphology, Graphoanalysis, and Handwriting AnalysisHandwriting Analysts GroupJudd Robbins Computer Forensics WebsiteNorwitch Document Laboratory Home PagePreparing for a Daubert Hearing (with Handwriting Evidence)

Page 22: Questioneddocuments - Copy

Questioned Document Examination Page of Emily J. WillSpeckin Forensic Laboratories

PRINTED RESOURCESBrunelle, R. (1982). "Questioned Document Examination" in R. Saferstein (ed.) Forensic Science Handbook. Englewood Cliffs, NJ: Prentice-Hall.Dines, J. (1998). Document Examiner Handbook. NY: Pantex.Ellen, D. (2005). Scientific Examination of Documents, 3e. Boca Raton: CRC Press.Huber, R. & A. Headrick. (1999). Handwriting Identification. Boca Raton: CRC Press.Kelly, J. & Lindblom, B. (Eds.) (2006). Scientific Examination of Questioned Documents, 2e. Boca Raton, FL: CRC Press.Koppenhaver, K. (1991). The Business of Document Examination. MO: Forensic Publishers of Joppa.Miller, L. (1984). "Bias Among Forensic Document Examiners: A Need for Procedural Change" Journal of Police Science & Administration 12:407-11.Miller, L. (1987). "Forensic Examination of Arthritic Impaired Writings" Ibid 15:51-55.Moenssens, A., J. Starrs, C. Henderson & F. Inbau. (1995). Scientific Evidence in Civil and Criminal Cases. Westbury, NY: Foundation Press.Osborn, S. & A. (1991). Questioned Document Problems: The Discovery & Proof of the Facts. NJ: Patterson SmithSaudek, R. (1978). Psychology of Handwriting. NY: Books for Professionals.

Last updated: Sept. 30, 2006Not an official webpage of APSU, copyright restrictions apply, see Megalinks in Criminal Justice O'Connor, T.  (Date of Last Update at bottom of page). In Part of web cited (Windows name for file at top of browser), MegaLinks in Criminal Justice. Retrieved from http://www.apsu.edu/oconnort/rest of URL accessed on today's date.