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

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

Types of Document Evidence LATENT: Indented writing Fingerprints Saliva (DNA) Watermarks Erasures PATENT: Handwriting Physical Match Rubber stamps Obliteration Machine produced I would like to focus on two of these areas: OBLITERATION and INDENTED WRITING

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

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

Hand writing

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

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

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

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.

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

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

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

Typewriting

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

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