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Title: Questioned Documents


1
Questioned Documents
2
Questioned Documents Standards
  • SFS1. Students will recognize and classify
    various types of evidence in relation to the
    definition and scope of Forensic Science.
  • a. Compare and contrast the history of scientific
    forensic techniques used in collecting and
    submitting evidence for admissibility in court
    (e.g. Locards Exchange Principle, Frye standard,
    Daubert ruling).
  • c. Determine the proper techniques to search,
    isolate, collect, and record physical and trace
    evidence.
  • d. Evaluate the relevance of possible evidence at
    the site of an investigation.
  •  SFS2. Students will use various scientific
    techniques to analyze physical and trace
    evidence.
  • d. Identify methods used for the evaluation of
    handwriting and document evidence.
  • e. Determine the appropriate uses of
    chromatography and spectroscopy in evidence
    analysis.

3
Questioned Documents
  • Targets of forensic questioned-documents
    examiner forged checks, poison pen letters,
    ransom notes, disputed legal documents, altered
    ledgers, counterfeit identification papers
    similar fakes.
  • Most of examiners methods fall under heading of
    handwriting typewriting comparison or forgery
    detection employ various analytical techniques.

4
Handwriting Comparison
  • Ancient Jews took first step toward development
    of science of handwriting comparison by
    recognizing individuality that is inherent in
    handwriting.
  • Graphology a pseudoscience that involves the
    supposed divining of personality from handwriting

5
Handwriting Comparison
  • First time handwriting was crucial to widely
    famous case was during the Dreyfus affair of
    1894-95.
  • French army officer Alfred Dreyfus was arrested,
    tried and convicted of spying on the basis of a
    forged letter the indicated his treason in giving
    important military secrets to Germany.

6
Handwriting Comparison
  • Bertillon lacked handwriting expertise but used
    anthropometry as testimony to convict him.
  • Dreyfus was declared innocent an freed from
    prison 12 years later.
  • First major role handwriting played in American
    history was the Lindbergh kidnapping case.

7
Handwriting Comparison
  • Invented form of x, simplification of t
    design double p written and other unusual
    traits such as not for note with an open o
    uncrossed tent-shaped t a to that
    resembled a w a bizarre form of the that
    looked like hle.
  • Writing evidence against Hauptmann was assembled
    by Charles Appel, founder of FBI crime lab which
    opened in 1932.

8
Handwriting Comparison
  • Appels handwriting comparison is considered so
    strong that it is still used in the training of
    document examiners.
  • Many similarities may exist between two or more
    examples of writing by different individuals
    because their authors learned penmanship from the
    same writing system

9
Handwriting Comparison
  • When a child first begins to learn the hart of
    handwriting, his first step is one of imitation
    only by a process of drawing.
  • As he progresses, the matter of form recedes and
    the attention is centered on the execution of the
    various letters, actually written instead of
    drawn.

10
Handwriting Comparison
  • Therefore, the writing system one learns yields
    class characteristics, and the distinctive or
    peculiar features that develop subsequently and
    that are not common to any group are individual
    characteristics.

11
Handwriting Comparison
  • To see how unique handwriting might be, U.S.
    Postal Lab did study of 500 sets of fraternal
    identical twins writing samples.
  • Conclusion differences in writing
    characteristics between various sets of twins
    were just as distinctive individualistic as
    would be expected between nonrelated persons.

12
Handwriting Comparison
  • Any known specimen used for handwriting
    comparison is called a standard or older term
    exemplar.
  • It is important that standards be as similar as
    possible to the questioned writing.
  • Standards should contain similar words and letter
    combinations. They must be authentic.

13
PERSONAL Library (This book belongs...)(Bible, marginal notes, etc.)Public Library, Application, CardSales Receipts, Delivery signatures, etc.Greeting Card NotationsReport Card signaturesSchool, class, seminar, etc. notesInventories and other listingsIdentification/Membership CardsRecipes, Directions, etc.Photograph notationsCorrespondenceAddress, phone bookDiaries/Date BooksMemorandaManuscriptsRegistrationsPersonal Attendance RecordsPermits, Applications, LicensesPassportsDomestic, Foreign LicensesMemorabiliaSelf-Addressed Envelopes, Return Addresses, etc.Social SecurityEmployment ReviewRequest for Change FormsIncorporation, ProceedingsMail Orders FINANCIAL Household, Personal Account BooksCheck Registers, Canceled ChecksLocal, State, Federal Tax ReturnsBusiness, Employment recordsBookkeeping recordsPayroll receipts, check signaturesBank Signature CardsLoan ApplicationsCredit ApplicationsMortgage Applications, Guarantees, etc.Deposit/ Withdrawal slipsSafe Deposit Box AccessPromisory notesReceiptsCredit Cards, Rentals, Leases, etc.Major PurchasesHouse, Auto, Boat, Tax ReturnsInsurancesHouse, etc.Leases and Rental DocumentsStocks and Bonds - Broker documentsPledgesDeeds, MortgagesAnswers to InterrogatoriesPowers of AttorneyBond/Surety ApplicationsDivorce Papers
14
Handwriting Comparison
  • The collected (or nonrequest) standards are
    specimens gathered from any of various sources.
  • Canceled checks are a readily available source of
    dated signatures.
  • Other standards my come from letters, diaries,
    manuscripts, etc.
  • Both request and collected can be used together
    in a case.

15
Handwriting Comparison
  • Sometimes check endorsements cannot be used as a
    spouse or other family member may have endorsed
    the check to cash or deposit it.
  • Standards are of two basic types request
    standards and collected standards.
  • Request standards have advantage of producing
    desired wording letter combinations but have
    drawbacks.

16
Handwriting Comparison
  • One is they may lack the writers natural
    handwriting flow another is that the suspect may
    deliberately disguise his or her handwriting.
  • Both problems can be partially prevented by
    having thee material dictated rather that copied
    and by having it repeated several times.

17
Handwriting Comparison
  • Request standards can supplement collected ones
    for insufficient quantity collected standards
    can be compared with request exemplars to ensure
    against disguised writing.
  • Identification of handwriting is based on a
    number of factors which may be grouped into 3
    main categories form, line quality arrangement.

18
Handwriting Comparison
  • Form refers to characteristics related to shape
    of elements in handwriting or handprinting.
  • Formation of letters - the shape of the
    individual upper- lowercase letters numbers.
  • Movement of writing whether produced by fingers
    (usually lacking smooth lines having broad
    curves), by hand movement (somewhat freer
    writing), or forearm movement (allows the
    ultimate in freedom may be typified by
    smoothness in the long strokes).

19
Handwriting Comparison
  • Other important aspects of form include
    proportion (relative height of letters), slant
    (when axes of certain letters consistently
    deviate from general slant of writing), retrace
    (when staffs of certain letters such as the t are
    retraced rather than looped), various angles,
    straight lines, curves (wherever they part from
    the norm)

20
Handwriting Comparison
  • Connections (strokes that link one letter with
    another) and what are termed trademarks (very
    distinctive noncopybook features such as plus
    sign () used for and or the filling in of the
    space on a check between the written amount the
    printed word dollars with a wavy line or a
    series of dots.)

21
Handwriting Comparison
  • Line quality may be influenced by type of
    writing instrument (ball-point or pencil).
  • Nib tends to produce accented lines in the
    downstroke called shading, a careful analysis of
    which reveals the writers habitual pen position
    as well as amount of pressure exerted.

22
Handwriting Comparison
  • A flowing script has a smooth line that indicates
    speed rhythm, where a slowly, laboriously
    penned script may indicate uniform pressure
    even shakiness or tremor. Beginning ending
    strokes may indicate speed of writing (usually
    being tapered in case of rapid writing due to pen
    is in motion or blunt from the pen being placed
    on the paper before writing starts.)

23
Handwriting Comparison
  • Line quality may also include continuity
    (characterized by connecting strokes between
    letters.)
  • Arrangement final handwriting category
    identification factors related to placement.
  • Spacing (distance between letters, words lines)
    alignment (relationship of writing to base
    line an actual or imaginary line on which
    handwriting rests.)

24
Handwriting Comparison
  • Evidentiary value may also be found in the width
    of margin their vertical alignment or lack
    thereof.
  • Formatting refers to layout or arrangement of
    elements such as parts of a letter on a page.
    Signature placement (its positioning relative to
    body of writing.) Punctuation corrections may
    occur in many forms.

25
Handwriting Comparison
  • Spelling can be used as an identification trait
    although it is considered a form of internal
    evidence to be discussed later.
  • Questioned writing is examined first without
    reference to standards so as not to be
    influenced by pictorial resemblance that often
    exists between 2 handwritings. This way, the
    examiners judgment remains unbiased.

26
Handwriting Comparison
  • 2nd step examine carefully the known or standard
    writings to determine genuine handwriting habits
    of the individual habits of form, line quality
    arrangement.
  • Finally, examiner compares questioned writing
    with the standard searching for characteristics
    common to both.

27
Handwriting Comparison
  • If characteristics are sufficient in kind
    number no significant unexplainable differences
    exist, he may conclude writings were made by same
    person.
  • Estimated handwriting specimen might have between
    500 1,000 individual characteristics.

28
Handwriting Comparison
  • Theory is that every time a person writes, he
    automatically subconsciously stamps his
    individuality in his writing. Through careful
    analysis interpretation of individual class
    characteristics, it is possible to determine
    whether questioned document standards were
    written by same person.

29
Forgery Detection
  • Forgery detection represents the major portion of
    the work of the document specialist.
  • In attempting to fraudulently reproduce a
    particular handwriting, such as a persons
    signature, the forger resorts to one of a few
    methods tracing, freehand copying, or mechanical
    placement.

30
Forgery Detection
  • Tracing is most amateurish means of forging a
    signature or usually brief text.
  • Typically one of two means is used the
    trace-over method or light box technique.
  • Trace-over method faint outline of a genuine
    signature is transferred onto a sheet of paper
    placed underneath it by means of heavy pressure
    or the use of transfer paper.

31
Forgery Detection
  • This outline, either an indented or a graphite-
    or carbon-paper copy, is then traced over in ink
    with an appropriate pen.
  • Drawback of this approach is it tends to leave
    evidence. It is difficult to follow the outline
    exactly, so traces of indentations or carbon or
    graphite outline may show in the final pen work.
    Erasures of graphite traces may be detected also.

32
Forgery Detection
  • Similar problems occur with 2nd method of
    tracing-using a light box or window.
  • Original signature is placed under the sheet used
    for forgery backlighting makes writing visible
    through overlying paper. This leaves no telltale
    traces on forged document but does give labored
    appearance lacking smooth natural penmanship
    quality.

33
Forgery Detection
  • Some fine detail of writing will be lost.
  • Traced forgeries may also be detected when
    suspected model for forgery is available as in
    the case of the W.M. Rice will dated June 30,
    1900 valued at more than 6 million.

34
Forgery Detection
  • Far superior to tracing is freehand technique at
    least in theory. A good tracing may still be
    better than an ineptly drawn one. Most inept of
    freehand forgeries is the spurious signature,
    made-up signature in the forgers own or
    disguised hand. Although somewhat more
    successful, the slowly copied forgery is produced
    in manner similar to tracing often has
    similarly poor qualities.

35
Forgery Detection
  • Much more successful is the practiced freehand
    forgery. A talented calligrapher or artist with
    practice may eventually learn to imitate
    handwriting similar to the original which is in
    comparison smooth freely written. However, the
    forgers own traits tend to creep into the
    writing other problems may be discovered.

36
Forgery Detection
  • Besides tracing freehand copying, there are
    methods of mechanically placing a signature onto
    a check projections, stampings signature
    splitting.
  • Projections involve using an optical system
    (xerography) to reproduce a given signature onto
    a check or other document.

37
Forgery Detection
  • There are special devices used by security
    agencies for producing clandestine (secret or
    marked) documents.
  • Stampings involve simple forging of imprinted or
    rubber-stamped facsimile signatures are
    increasing on corporate checks.

38
Forgery Detection
  • A split signature is one that is lifted off a
    genuine signature with transparent tape then
    transferred to a forged document usually a check
    that is made to appear torn at that point.
  • Among numerous indicators that a writing may be
    spurious are the following evidence of tracing
    or prior drawing,

39
Forgery Detection
  • forgers tremor (shaky handwriting, usually
    coupled with other signs of forgery), evenness in
    pen pressure, unnatural hesitations, uncertainty
    of movement, blunt beginnings endings,
    unnatural pen lifts (made by the forger to check
    the progress of his work), patching (careful
    retouching),

40
Forgery Detection
  • uncommon forms (anything that differs from a
    writers usual habit), off-scale writing (writing
    much larger or smaller than the writers usual
    script), or excessive attention to detail.
  • Nonhandwriting factors also may indicate forgery
    incorrect writing materials, lack of provenance
    (or historical record in case of historical
    documents)

41
Forgery Detection
  • or internal evidence (mistakes of format,
    spelling, content, etc.)
  • In addition, various scientific analysis also may
    reveal the forgers handiwork as well as restore
    erased writing assist the document expert in
    the various tasks that come to him or her.

42
Analytical Techniques
  • The basic techniques for analyzing questioned
    documents include macroscopic microscopic
    study, various spectral techniques, and certain
    chemical and instrumental tests.
  • Macroscopy is the scrutiny of things visible to
    the naked eye or with an ordinary magnifying
    glass.

43
Analytical Techniques
  • It may be conducted by reflected light, oblique
    light (angle other than 90 degrees) or
    transmitted light.
  • The usual viewing of a document (where light
    falls normally on the viewing surface) is called
    reflected-light examination. This basic
    inspection technique may reveal such fundamental
    errors as incorrect paper or pen choice or format
    errors.

44
Analytical Techniques
  • Oblique-light examination (side-light or
    grazing-light) is conducted with light striking
    documents surface from one side at a low angle
    revealing shadows that are produced by any
    surface irregularities, notable erasures (the
    roughened surface may be revealed), indentations
    as from traced writing left on topmost sheet of
    paper

45
Analytical Techniques
  • embossments (such as embossed seals), writing
    or typewriting on charred (burned) documents due
    to sheen of ink relative to blackened paper,
    providing contrast to be read and photographed.
  • Document examination by transmitted light
    involves illuminating (lighting) it from behind
    by placing it on a light box so the light passes
    through the paper.

46
Analytical Techniques
  • This helps to identify the type of paper, study
    watermarks that might be present detect
    erasures or other alterations.
  • Changes in watermarks can provide a means of
    dating a document as with a will dated 1912 but
    watermark on paper wasnt made until 1916 making
    it a forgery.

47
Analytical Techniques
  • It also reveals thin spots in paper caused by
    erasures especially in case of abrasive gray
    sand rubber type of eraser designed to remove
    ink writing.
  • Backlighting also reveals the opposite effect
    increased opacity rather than translucency caused
    by correction materials such as white out in
    various formulas, pen ink, photocopies, etc.

48
Analytical Techniques
  • In contrast to macroscopy, microscopy is used to
    provide higher magnification in document work. A
    relative low-powered stereoscopic or stereo
    microscope generally is used for direct
    inspection of a document and is typically mounted
    on an extension arm that permits use over large
    documents.

49
Analytical Techniques
  • It provides a high-resolution, 3-D image,
    enabling the document examiner to view more
    accurately such subtle, depth-related features as
    nib tracks (furrows in paper left by steel or
    hard-nibbed pens), crossed pen strokes erasures.

50
Analytical Techniques
  • It is ideal for determining the pen type used as
    well as for detecting studying patching
    (retouching) of writing, pen lifts, tremor,
    erasures, corrections, or other alterations,
    sequence of pen strokes (where one crosses
    another as in case of fluid inks with second line
    spreading into first line at intersections),
    identifying features in typewriting and more.

51
Analytical Techniques
  • Standard lab microscope is reserved for examining
    minute traces such as a tiny sample of ink or
    paper removed from a document by using
    microchemical tests with reagents being applied
    with an eyedropper or hypodermic syringe
    reaction being observed under the microscope.

52
Analytical Techniques
  • Both macroscopic and microscopic features can be
    photographed with good lighting and quality
    cameras to do the job.
  • Document experts also have at their disposal
    various spectral techniques that take advantage
    of he invisible as well as visible spectrum such
    as infrared and ultraviolet light as well as
    laser technology.

53
Analytical Techniques
  • Art experts use infrared lighting to detect
    undersketching alterations in paintings
    various artworks.
  • Forensic experts use infrared lighting to
    decipher charred documents, to develop erased
    writing, to differentiate between certain types
    of ink some absorb infrared darken some
    reflect the rays lighten others transmit
    infrared disappear.

54
Analytical Techniques
  • This makes it possible to distinguish between two
    different inks used for a document even though
    the inks appear the same in ordinary observation.
  • It can be used to detect falsified checks with
    raised writing, postal-meter stamping, secret
    writing, read unopened letters if paper is
    transparent ink opaque detect differentiate
    stains and other tasks.

55
Analytical Techniques
  • Laser technology more recent weapon used to fight
    forgery other criminal acts.
  • It can be used to discriminate between similar
    inks when other methods failed.
  • Forgeries can be detected by naturally
    ultraviolet, infrared laser photography such as
    fraudulent auto registration certificates and
    altered postmarks.

56
Analytical Techniques
  • So far, all of these techniques are
    nondestructive tests leaving documents intact as
    used with valuable or historical documents.
  • The nature of forensic work involves destructive
    techniques such as chemical tests like thin-layer
    chromatography to identify inks requiring tiny
    plugs punched from inked areas in question.

57
Analytical Techniques
  • The most complete collection of writing ink
    reference samples is the 7,000 specimen
    International Ink Library housed in the
    Questioned Document Branch of the U.S. Secret
    Service Forensic Services Division.
  • Iodine fuming may enhance indented writing
    reveal chemical other erasure as well as
    develop latent fingerprints. They fade quickly so
    promptly take photos.

58
Analytical Techniques
  • As a field, questioned-document examination is
    increasingly coming under attack as a black art
    in part because of the degree of subjectivity
    that may be involved.
  • It does have the unfortunate distinction of
    attracting more conflicting testimony than any
    other crime-lab discipline.

59
Analytical Techniques
  • In response, a number of corrective procedures
    have either been implemented or recommended
    including eliminating graphology other
    pseudosciences from the courtroom, requiring
    appropriate training board certification of
    examiners, reducing heavy caseloads, ensuring
    sufficient appropriate exemplars are obtained
    for comparisons of handwriting

60
Analytical Techniques
  • and urging ethics committees to deal with
    unethical examiners those willing to resolve
    any issue according to the wishes of the client.
  • These other reforms may help to ensure that
    questioned-document examination meets the
    fundamental criterion of reproducibility of
    results thereby receives the credibility it
    deserves.

61
Case StudyThe Mormon Forgery Murders
  • Salt Lake City, October 15, 1985 within 2 hours
    time, first one and then another pipe bomb
    exploded.
  • Dead were Steve Christensen, a businessman and a
    grandmother, Kathy Sheets.
  • Following day, third bomb exploded inside car of
    Mark Hofmann, a well-respected dealer in
    historical documents.

62
Case StudyThe Mormon Forgery Murders
  • Hofmann survived with a missing kneecap various
    additional wounds as well as blackened from
    powder burns.
  • He was questioned by police, passed the 4th lie
    detector test. Others were inconclusive. He was
    believed to have sent the first two bombs and the
    third exploded before he could give it to the
    intended person.

63
Case StudyThe Mormon Forgery Murders
  • Possible motive for murders to cover up
    high-stakes fraud.
  • It was suggested that rare documents recently
    sold or offered for sale by the mild-mannered
    personable devout Mormon were forgeries.
  • His documents were found to be forgeries.
  • He was a very clever forger.

64
Case StudyThe Mormon Forgery Murders
  • He took classes in calligraphy, ancient staining
    aging techniques and did research on writing
    devices postmarks of the times of reproduced
    forgeries.
  • He even made his own quill pens inks and
    purchased antique paper.
  • A search warrant revealed incriminating evidence
    of his fraudulent activities.

65
Case StudyThe Mormon Forgery Murders
  • Mark Hofmann was found guilty was sentenced to
    life imprisonment on January 24, 1987.
  • He was sent to he Utah State Prison at Point of
    the Mountain.
  • He wrote a letter to the family of the murder
    victim Kathy Sheets apologizing for his actions.

66
Case StudyThe Mormon Forgery Murders
  • Forgers will go to tremendous lengths.
  • Questioned-document examiners must remain ever
    watchful for innovative new techniques a
    comprehensive or multi-evidential approach that
    considers handwriting, provenance, linguistics
    other internal evidence from writing materials in
    which the results of scientific analysis is
    essential.
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