JS 112: Questioned Documents

1. JS 112: Questioned Documents • I. Learning Objectives(C18) • 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

2. 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

3. LATENT: Indented writing Fingerprints Saliva (DNA) Watermarks Erasures PATENT: Handwriting Physical Match Rubber stamps Obliteration Machine produced Types of Document Evidence

4. 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

6. Hand writing

7. 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

8. 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 Irving’s forgery

9. Forged signatures of Howard Hughes and examples of Clifford Irving’s writing

10. 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.

11. 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

12. 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

13. 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

14. Typewriting

15. 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

16. 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 photocopier’s 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