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. 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

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 ]- 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 ]- 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