The Basics of Questioned Documents and Handwriting Analysis Questioned Documents 1

Scope of the Science Generally concerned with three major subjects –Hand written documents –Mechanically generated documents Typewriters Printers Faxes Photocopiers –Voice examinations

Questioned Document Crimes Forgeries –Wills, contracts, insurance policies, signatures –Currency –Antiques, old books, writings Ransom notes, kidnapping, and violent crime Phone conversations, threats, etc.

Handwriting Analysis Most questioned document crimes involve some type of handwriting analysis

Nature of Handwriting Unique to an individual –Based upon a careful communication between brain, multiple muscles, senses, timing, and feedback through the same chain Even the same person can not exactly duplicate his/her own style with 100% accuracy –Impossible to exactly duplicate handwriting since it requires an understanding of the process described above

External Factors Writing instrument Writing surface Writing situation (this creates variety in a single individual) Special circumstances: drugs, injury, stress, conscious change

Characteristics Handwriting contains both class and individual characteristics –Basic penmanship, cultural symbols, etc. (class characteristics) –Individual characteristics develop after years of writing Best evidence is obtained when working with the original document

Handwriting Limitations Requires expert analysis to work as evidence –Often includes use of microscopes, cameras, and computers Description of Personality –Known as “graphology” Considered different from questioned documents and represents an entirely different field of study

Graphology Which person is crazy?

Graphology Thomas Edison Elvis Presley Dan Rather Adolf Hitler

Handwriting Limitations Cursive vs. printed –Can sometimes be compared if writer has characteristics that carry over into both forms Foreign Languages –Cultural nuances of written language must be understood “Diacritics” (distinguishing strokes) Shading of certain characters (Asian)

Handwriting Myths Can not determine “handedness” Can not determine gender Can not determine age

Handwriting and the Law (1967) Obtaining handwriting samples is legal before lawyers are present –Does not violate Fifth Amendment (includes self incrimination) since it was deemed a physical characteristic of the person (1973) Handwriting samples are not considered a violation of the Fourth Amendment (Illegal Search and Seizure) –Failure to comply may result in Contempt charge

Handwriting Samples Best to acquire a large number of samples from a suspect (known as “exemplars”) The more samples available, the more the natural variation of the suspect can be identified Documents of approx. 2-3 years old are acceptable for most adults –Writing styles in children change much faster Samples can be obtained voluntarily or by court order

Handwriting Samples Samples should be as alike as the document in question –Includes type of paper, pen/pencil, etc. Styles and habits can naturally change for different types of documents and instruments Samples should contain at least some of the same words and combinations of letters as the questioned document

Minimizing Deception Desired sample should be dictated Writer should be comfortable without distractions Writer should not be shown the questioned document or assisted with punctuation, spelling, etc.

Minimizing Deception Writing instrument should be similar to questioned document Dictated text should be close to questioned document or contain the same phrases and/or words Multiple uses of same words can help establish variations

Handwriting Forgeries Blind –Forger uses own handwriting –Easiest to detect Simulated –Forger copies a genuine signature –Much harder to detect but requires considerable effort to achieve Traced –Forger traces a genuine signature

Detecting Forgeries Inconsistencies in handwriting style or techniques are the key

Handwriting Analysis Experts generally examine 12 characteristics of handwriting to establish authenticity

1. Line Quality Are lines smooth, free flowing, nervous, shaky, wavering?

2. Spacing of Words and Letters Look at space between letters and words Look at line margins

3. Sizes of Letters and Words Look at height, width and size of letters and words

4. Pen lifts and Separations Check how the writer stops to form new letters and words

5. Connecting Strokes How do letters connect within words Connection between capital and lowercase letters

6. Beginning and Ending Strokes How does the writer begin and end words Are strokes straight, curled, long, short Are marks made on upstroke or downstroke

7. Unusual Letter Formation Look for letters written backwards Letters with a tail or unusual capital letters

8. Shading or Pen Pressure People use different pressure with pens vs. pencils –Can make lines darker or wider

9. Slant Does writing slant left or right Are some letters slanted more than others

10. Baseline Habits Does writing follow a straight line Does writing move upward or downward Is writing above or below lines on paper

11. Flourishes or Embellishments Are there fancy letters, curls, loops, underlines, etc.

12. Placement of Diacritics Check the crossing of T’s and the dotting of I’s for instance Where are crossed letters crossed Where are dotted letters dotted