JS 113: Questioned Documents

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JS 113 Questioned Documents

• I. Learning Objectives (C16)
• Define Questioned Document and list common
  individual handwriting characteristics
• List important guideline for collection of known
  writings and precautions to minimize deception
  during collection of exemplars
• List class and individual characteristics of a
  typewriter and describe proper collection of
  typewritten exemplars
• List techniques utilized for uncovering
  alterations, erasures, obliterations and pen ink
  variations
• Describe 3 parameters of speech that a voice
  print represents

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Questioned Document

• Any object (paper, walls, windows, doors)
  containing hand writing or typewritten markings
  whose source or authenticity is in doubt
• e.g. Letters, checks, drivers licenses,
  contracts, wills, voter registrations, passports,
  petitions, lottery tickets

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Types of Document Evidence

• LATENT
• Indented writing
• Fingerprints
• Saliva (DNA)
• Watermarks
• Erasures

• PATENT
• Handwriting
• Physical Match
• Rubber stamps
• Obliteration
• Machine produced

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Document examiner goals

• Ascertain source or authenticate the QD
• Uncover efforts at alterations
• Reconstruct written contents of charred or burned
  paper
• Uncover meaning of indented writings found on a
  paper pad after the top sheet has been removed
• Gathering documents of known authorship or
  origin- critical to outcome

5
Handwriting Comparisons

• No two individuals write exactly alike
• Students start by copying (look similar- two
  systems used are Palmer and Zaner-Blosser)
• As writing becomes subconscious then it becomes
  individualized. Unconscious handwriting of two
  different individuals can never be identical
• Variations due to angle, slope, speed, pressure,
  letter and word spacings, relative dimensions of
  letters, connections, pen movements, writing
  skill, and finger dexterity.
• Other factors include arrangement on the paper,
  margins, spacind crowding, insertions alignment,
  spelling, punctuation phraseology and grammar

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Hand writing
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Handwriting Comparisons

• No single point or characteristic by itself can
  be used for positive comparison
• Final conclusion needs to be based on significant
  points of comparison
• The number is subjective with judgment made by
  the expert examiner only in the context of each
  particular case

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Challenges to Handwriting examiners

• Insufficient number of known writings with not
  enough personal characteristics persent in the
  known writings consistent with QD
• QD contains only a few words all unnatural
  deliberately crude theratening letters
• Writing habits may be altered due to drugs or
  EtOH
• However it is difficult to maintain false writing
  habits when writing a large document
• Illustrated in Howard Hughes/Clifford Irvings
  forgery

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Forged signatures of Howard Hughes and examples
of Clifford Irvings writing
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Collection of Handwriting Examples

• Collection of adequate samples of known writings
  or exemplars is critical
• Exemplars with similar or alike pens and paper
  should be used (if QD is ruled, then exemplar
  should be done on ruled paper)
• Need to have adequate number of exemplars to show
  natural variation. No 2 specimen of writing by
  one person are identical in every detail (this
  can be used if forgery is traced)
• Temporal aspect is important- within 2-3 years
• In some cases, may need to obtain voluntarily or
  under court order.

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Case law supporting constitutionality of taking
handwriting examples

• Gilbert v. California 388 U.S. 263-1967- take
  handwriting exemplars before the appointment of
  counsel handwriting exemplars outside of the
  protection privilege of the Fifth Amendment
• US v. Mara 410 U.S. 19- 1973- did not
  constitute an unreasonable search and seizure-
  did not violate Fourth Amendment

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Minimize conscious efforts to alter writing while
taking exemplars

• Get lots-text no shorter than a full page
• Dictation yields best exemplars and should take
  place at least 3 times. If faking, 3 replicates
  will not match. Need to repeat
• Make writer comfy without distractions
• Never show QD or provide instructions on
  spelling, punctuation or case to use
• Have pen and paper similar to QD
• Text should contain contents or at least have
  words, phrases and letter combinations in the QD
• Signature exemplars should be combined with other
  writings eg checks
• Document examiner should be consulted and shown
  the QD before requested exemplars are taken

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Typescript Comparisons

• Typewriters Can the make and model of the
  typewriter used to type the QD be identified
• Can a particular suspect typewriter be identified
  as having prepared the QD
• Two most popular typefaces are pica (10 letters
  per inch) and elite (12 letters per inch)
• Individual characteristics imparted due to wear
  and tear on moving parts. Variation in alignment
  as well as defects in each typeface are useful
  for individualization
• Type impressions left on a ribbon may make it
  possible to find the portion of the ribbon on
  which a particular text was typed

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Typewriting
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Exemplars for typewriter Comparisons

• Need good exemplars from the known typewriter
• Exemplars are needed either directly from the
  typewriter in question or indirectly from
  gathering known writings that have been typed on
  the suspect machine (temporal aspect
  important-why?)
• Minimum of one copy in full word for word order
  of the wuestioned type writing obtained

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Photocopier, printer and Fax examination

• Make and model of a machine used in printing
• Compare a QD to a test sample or exemplar from a
  suspect machine
• Generate 10 samples through each machine to
  obtain sufficient representation of photocopiers
  characteristics
• Side by side comparisons made between QD and
  printed example to compare markings
• Transitory defect marks due to debris on glass,
  inner cover or mechanical protions of a copier
  produce images- irregularly shaped and sometimes
  form distinct patterns