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Questioned Documents

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0% found this document useful (0 votes)
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Questioned Documents

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© © All Rights Reserved
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QUESTIONED

DOCUMENTS
HISTORY OF DOCUMENTS
From the very earliest time, man has put down marks on different
materials to make forms of writing simple pictures on the walls of
caves. The man soon found he could not express all of his
thoughts by means of pictures so systems of writing were
developed. Early writings were on stones and metal. Later skins
of animals were used. Paper was first invented by the Chinese
more than 2,000 years ago but it was not common in other
countries for a long time. With the making of paper, writing
became more common to many people. Criminalistics was quick
to learn that it was profitable to make false documents. Therefore,
knowledge of the methods of making false documents is
necessary for the police investigator. The examination of
questioned documents falls into broad classes
PERSONALITIES IN QUESTIONED DOCUMENTS
EXAMINATION

1. Albert Sherman Osborn was considered a Father of the


Scientific Examination of Questioned Documents. The first
American prominent in the field of forgery detection, and the
author of the seminal "Questioned Documents" (1910,
reprinted many times), an exhaustive work indispensable
even today. Through his efforts, courts began to accept the
presentation of forged documents as scientific evidence. He
founded the American Society of Questioned Document
Examiners on 2 September 1942.
2. Albert D. Osborn was the third President of the American Society
of Questioned Document Examiners. Mr. Osborn served in the
military during World War I. Upon returning from overseas in 1919, he
began attending the meetings that eventually led to the formation of
the ASQDE. In 1942, Mr. Osborn was one of the 15 men who founded
the Society. He was the son of the founding president of the ASQDE,
Albert S. Osborn, and was associated with A. S. Osborn in private
practice for many years. A. D. Osborn's sons, Paul Osborn, and
Russell Osborn, both became examiners of questioned documents,
as did his grandson John P. Osborn. Among Mr. Osborn's many high-
profile cases, he was one of eight document examiners who testified
for the prosecution in the case against Bruno Hauptmann in the
kidnapping/murder of the Lindbergh baby. Mr. Osborn was coauthor
of the book Questioned Document Problems with his father. He was
also the author of many professional papers.
3. B.J. Vreeland Haring and J. Howard Haring - The father and son
Haring of New York were the world-famous handwriting experts who
testified in the Charles A. Lindberg Jr. Kidnapping case. The defendant
in the case was Bruno Richard Hauptmann Flemington, New Jersey in
1935. Fourteen letters were directed to the famous parents of the
kidnapped Lindberg baby who was abducted. The other letters
contained follow-up ransom demands and instructions.
4. J. Newton Baker- a Consultative Expert in Disputed documents and
1955 he authored the book, "Law of Disputed and Forged Documents".
5. James V. P. Conway was an Examiner of Questioned Documents of
San Francisco, California Postal Inspector in charge of San Francisco
Identification Laboratory U.S. Postal Inspection Service and authored
"Evidential Documents" which was published in Springfield, Illinois,
USA in 1959.
6. Hans Scheickert (1876-1944) - A Doctor of Law and Director of the
identification Bureau of the Police Department of Berlin until 1928. He
was a Criminology Professor at the University of Berlin in 1920 and a
well-known handwriting expert.
7. Dr. Wilson R. Harrison was the Director of the British Government's
Office Home Office Forensic Science Society of Questioned Document
Examiners. He authored the book "Suspect Document Examiners Their
Scientific Examination", first published in London in 1958, He had over
twenty years of experience in the examination of suspect documents for
the police forces of England and Wales and for many government
departments.
8. Ordway Hilton was the sixth president of the American Society of
Questioned Document Examiners. Mr. Hilton authored one of the best-
known texts in the field, "Scientific Examination of Questioned
Documents", in 1956, and
Divisions of Question Writings and Signature:
1. System of Writing is the combination of the basic
shape and designs of letters and the writing
movement which was taught in school.
2. Copybook form - is an illustration of the basic
designs of letters that are fundamental to the writing
system.
3. Writing movement refers to factors relative to the
motion of the pen such as pressure, rhythm, pen
lifting, etc.
General Definition of Terms
A. Document. Any material containing marks, symbols, or signs either visible, or
partially visible that may present or ultimately convey meaning to someone,
maybe in the form of pencil, ink writing, typewriting, or printing on paper.
The term "document" applies to writings; to words printed, lithographed, or
photographed; to maps or plans; to seals, plates, or even stones on which
inscriptions are cut or engraved. In its plural form, "documents" may mean;
deeds, agreements, titles, letters, receipts, and other written instruments used
to prove a fact.
 Latin word "Documentum", means "lesson, or example (in Medieval Latin
"instruction, or official paper"), OR
 French word "docere", means to teach.
Questioned. Any material which some issue has been raised or which is
under scrutiny.
C. Questioned document. One in which the facts appearing therein may
not be true, and are contested either in whole or part with respect to its
authenticity, identity, or origin. It may be a deed, contract, will, election
ballot, marriage contract, check, visa, application form, check writer,
certificate, etc.
D. Disputed document. A term suggesting that there is an argument or
controversy over the document, and strictly speaking this is the true
meaning. In this text, as well as through prior usage, however, "disputed
document" and "questioned document" are used interchangeably to
signify a document that is under special scrutiny.
E. Standard (Standard Document)
"Standard" in questioned documents investigation, we mean
those things whose origins are known and can be proven and
which can be legally used as examples to compare with other
matters in question. Usually, a standard consists of the known
handwriting of a person such case, "standard" has the same
meaning as is understood by the word "specimen" of
handwriting.
Exemplar. A term used by some document examiners and
attorneys to characterize known material. Standard is the older
term.
Types of Standards
a. Collected/Procured Std. - Standard specimen executed in the regular course
of man's activity or that which is executed on the day-to-day writing activity.

b. Requested/Dictated (Post litelmotam std.) - a Standard document which is


executed upon request, they are prepared at one time.
Contemporary document = documents which are not more than five (5) years
before or after

G. Holographic Document. Any document completely written and signed by one


person; also known as a holograph. In a number of jurisdictions, a holographic
will can be probated without anyone having witnessed its execution.
CLASSES OF QUESTIONED DOCUMENTS
1. Documents with questioned signatures
2. Questioned documents alleged to have been containing fraudulent alterations.
3. Questioned or disputed holographic wills.
a. Holographic Will - will entirely write in the handwriting of the testator
b. Notarial Will - signed by the testator acknowledged before a notary public with 3 witnesses.
4. Documents investigated the question of typewriting with a view to ascertaining their source
b. with a view to ascertaining their date
c. with a view to determining whether or not they contain fraudulent alterations or substituted pages.
5. Questioned documents on issues of their age or date.
6. Questioned documents on issues of materials used in their production.
7. Documents or writings investigated because it is alleged that they identify some persons through
handwriting.
a. anonymous and disputed letters, and
b. superscriptions, registrations, and miscellaneous writings.
KINDS OF DOCUMENT:
1. Public Document - notarized by a notary public or competent
public official with solemnities required by law. (Cacnio vs. Baens, 5
Phil. 742)
2. Official Document - issued by the government or its agents or its
officers having the authority to do so and the offices, which in
accordance with their creation, they are authorized to issue and be
issued in the performance of their duties.
3. Private Document -executed by a private person without the
intervention of a notary public or of any person legally authorized, by
which documents, some disposition or agreement is proved,
4. Commercial Document - executed in accordance with the Code of
Commerce or any Mercantile Law, containing disposition of
commercial rights or obligations.

5. Electronic Document (E-Document) - exists only in electronic


form such as data stored on a computer, network, back-up, archive,
or other storage media. Examples of documents subject to e-
discovery are e-mails, instant messages, e-calendars, audio files,
data on handheld devices, animation, metadata, graphics,
photographs, spreadsheets, websites, drawings, and other types of
digital data. (Governed by RA 8792)
Types of Handwritings
1. Cursive Writing in which the letters are for the most - part joined
together.
2. Hand lettering - refers to writing characterized by a disconnected
style.
3. Natural Writing - a specimen of writing that is executed normally and
without any attempt to alter its usual writing habits.
4. Disguised a specimen of writing executed - deliberately with an
attempt to change its usual writing habits in the hope of hiding one's
identity.
5. Guided/assisted a specimen of writing executed while the writer's
hand is at steadied. Usually employed by beginners in writing.
4. Writing - is the visible result of a very complicated series of
acts, being as a whole or a combination of certain forms
which are the very visible result of mental and muscular
habits acquired by long continued painstaking effort.

5. Handwriting is a visible effect of bodily movement which is


an almost unconscious expression of fixed muscular habits,
reacting from the fixed mental impressions of certain ideas
associated with script form. *Writing Habits refer to any
repeated elements of - once handwriting which serves as an
identifying characteristic.
Signature - the name of the person signed by himself on a document as a sign of
acknowledgment.
Model signature – a genuine signature that has been used in preparing a
simulated or traced forgery. Evidential Signature - specimen signature which
was Executed on a particular date, particular time, and place under a particular
writer's condition and for a particular purpose.
Significant Writing Habits - elements of one's writing that are sufficiently
unique and well-fixed to serve as a strong basis of individuality. *Slant = refers
to the relative degree of writing inclination relative to the baseline.
Baseline = an imaginary or straight line in which the writing rests the detection
of forgery, erasure, alteration, or obliteration of documents.

Classes of Signature
1. Formal or complete use in signing a very important document
2. Informal or cursory - used for routine documents
3. Careless scribble - used for not-so-important documents such as the
delivery of mail or receipt of purchase equipment, etc.
*Forgery is an act of falsifying or counterfeiting any treasure or bank
notes, paper bills, or any documents which are payable to the bearer.
= is an act of simulating or tracing somebody's signature without the
latter's consent for profit.
Major types of Forgery
1. Simple forgery - a forged signature where no attempt has been
made to make a copy or facsimile of the genuine writing of a person
purported or sign the document. Also known as spurious signature
2. Simulated or Copied forgery - a forged signature that resembles the
genuine signature written in freehand. Considered as the most skillful
type of forgery
3. Traced Forgery - forged signature that closely resembles the genuine
made by some tracing process or outline form.

Methods of tracing
a. Carbon outline process - use of carbon paper.
b. Indention process- used of considerable pressure,
Canal-like process.
c. Projection or transmitted light process- used of light
from the back or bottom.
d. Laser method - used of the hologram.
CHARACTERISTICS IN WRITING:
Characteristics refers to any property, marks, or - elements which distinguish.
Also referred to as identifying details.
Types of characteristics:
1. Class Characteristics - characteristics or properties that are common or which
can be found in the specimen writing of another person. Gross characteristics.
Example of common characteristics or qualities;
a. Ordinary copy book form
b. Usual systematic slant
c. Ordinary scale or proportion or ratio
d. Conventional spacing
2. Individual Characteristics - are highly personal or peculiar. That which is
Elements of Forms in Writing:
1. Arc - the rounded inner part of an upper curve, bend or crook,

2. Beard - is an introductory up and down strokes found in some


capital letters. Also called as double hitch.
3. Blunt - is part of a stroke characterized by an abrupt beginning
or end at which the pen does not create diminishing strokes.

4. BUCKLE KNOT IS A HORIZONTAL OR LOOP STROKE


USED TO COMPLETE LETTERS A, H, F AND D.
5. CENTRAL PART IS THE BODY OF THE LETTER. CHARACTERIZED BY A SMALL
ROUNDED OR CIRCULAR STROKE.

6. Eyelet/ eyeloop - refers to small oblong strokes.


• 8. Hiatus = an obvious gap between letters.
• 9. Humps - is the outer portion of an upper curve bend or
crook, (see arc)
10. Knob - is a tiny pool of an ink at the beginning or ending
strokes.
11. Loop - is an oblong stroke Stem/shank/staff - is considered as the
backbone of the letter characterized by long downward strokes
14. Whirl is the long upward stroke usually found
opposite the stem
INITIAL/TERMINAL SPUR IS A LONG-RUNNING INITIAL OR
TERMINAL STROKE.
14. FOOT – THE LOWER PORTION OF ANY DOWN STROKE WHICH RESTS IN
THE BASELINE. THE SMALL LETTER “M” HAS THREE FEET AND THE SMALL
LETTER “N” HAS 2 FEET.
15. DIACRITIC – ELEMENT ADDED TO COMPLETE CERTAIN LETTERS.
THEY ARE NECESSARY TO THE LEGIBILITY OF THE LETTERS.
Kinds of Writing:
A.Cursive – connected; writing in which one letter is joined to
the next
B.Script – separated or printed writing
C.Block- all CAPITAL LETTER
D.Majuscule – a capital letter
E.Minuscule – a small letter
F. Cacography – a bad writing
G.Calligraphy – the art of beautiful writing
Elements of Writing Movement
1.Pen pressure is the average or usual pressure applied in the
writing.
 the force applied by the fingers in the process of writing and it is
one of the many characteristics which forensic experts use for
comparison.

Pen
Pressure
Miscellaneous Document Problem
Erasure refers to the removal of a writing or any part of a document either by a
mechanical or chemical process.
Mechanical Erasure done using abrasive b method through rubbing or
scrapping.
Chemical Erasure - done with the aid or use of a bleaching agent called ink
eradicator.
Usually examined with the aid of fuming, transmitted light, oblique light and
ultra-violet light examination.
6. Pen-lift- an interruption is a stroke caused by the sudden removal of the writing
instrument from the paper surface.
7. Shading - refers to the more obvious increase in the width of the letter strokes.
8. Pen Position is the relative location of the pen in relation to the paper surface.
9. Pen scope - represents the reach of the hand with the wrist at rest.
10. Retracing or retraced - is the strokes that goes back over another writing stroke that is
slightly to occur in another's writing.
 Any stroke which goes back over another writing stroke. In natural handwriting, there
may be instances in which the pen doubled back over the courses
11. Retouching or patching is a stroke, which goes back over a defective portion of a
writing to repair or correct an error.
PATCHING – retouching or going back over the effective portion of a written stroke.
Careful patching is a common defect in forgeries.
• Divisions of Questioned Document Examination
A. Criminalistics Examination. This involves the detection of forgery, erasure,
alteration or obliteration of documents.
B. Dr. Wilson Harrison, a noted British Examiner of questioned documents said
that an intelligent police investigator can detect almost 75% of all forgeries
by careful inspection of a document with simple magnifiers and measuring
tools.
C. Handwriting Investigation/Analysis. This is more focused in determining the
author of writing. It is more difficult procedure and requires long study and
experience.
• Aspects of Questioned Document Examination
• A. Handwriting Examination (Graphology/Graphoanalysis)
• 1. examination of signatures and initials
• 2. examination of anonymous letters
• 3. hand printing examination
• B. Examination of Typewritings and typeprints.
• C Examination of Inks
• D. Examination of Erasures, alterations or obliterations, etc.
• 1. Detection of alteration
• 2. Decipherment of erased writings
• 3. Restoration of obliterated writings
• E. Counterfeiting
• 1. Examination of currency bills and coins and the like.
• 2. Examination of fake documents
• F. Miscellaneous aspects
• 1. Determination of the age of documents
• 2. Identification of stamps
3. Decipherment of Obliterated writing
Obliteration is the process of smearing over an itdin original writing to make it undecipherable
or illegible lak.or Done with the used of superimposing inks. Usually examined with the used of
Infra-red light
4. Examination of Charred Document and water soaked document
Charred Document - refers to partly burned or brittle document. Decipherment is usually
accomplished with the used of infra-red light examination-
5. Development of Invisible writing
Invisible writing-writing that has no readily visible ink strokes. Made by Sympathetic inks such as
acids, juice, and others. They are possible of develop depending on the ink used. Methods of
development can be by heat. Water, chemical fuming or by ultra-violet light process
6. Decipherment of Contract writing of den.
Contact writing - refers to partially visible ink strokes cause by sudden contact between a sheet
of paper with another paper containing fresh ink. Can be enhanced through fuming or ultra-
violet light process.
SCIENTIFIC METHOD IN QUESTIONED DOCUMENT EXAMINATION
A. Analysis (Recognition) - properties or characteristics, observed or
measured.
B. Comparison - Properties or characteristics of the unknown determined
thought analysis are now compared with the familiar or recorded properties
of known items.
C. Evaluation- Similarities or dissimilarities in properties or characteristics
will each have a certain value for identification, determined by its likelihood
of occurrence. The weight or significance of each must therefore be
considered.
D. Verification is the process of double checking the accuracy and correctness
of the examination usually conducted by other experts in the said field.
EXAMINATIONS INSTRUMENTS AND APPARATUS USED IN QUESTIONED DOCUMENT
A. MAGNIFYING LENS-Bank personnel and other people involved in currency examinations u use
and ordinary hand-lens, the maximum diameter of which is four inches, and this appears big with its
wide frame it has a magnifying power of two times the original only. Magnifying lenses of five times
or more magnifying power, with built-in-lighting, are more useful
8. SHADOWGRAPH - a pictorial image formed by casting a shadow, usually of the hands, upon a
rightful surface or screen.
C. STEREOSCOPIC BINOCULAR MICROSCOPE-a fri-dimensional (3D) enlargement is possible.
D. MEASURES AND TEST PLATES (TRANSPARENT GLASS)-those used for signatures and typewritings.
F. TRANSMITTED LIGHT GADGET-a device where light comes from beneath or
behind glass on document is placed.
G. ULTRA VIOLET LAMP-this is usually used in the detection of counterfeited
bills but can actually be used to detect security features of qualified
documents
H. INFRARED VIEWER-primarily used to decipher writings in a charred
document.
L. COMPARISON MICROSCOPE - similar to that of the bullet comparison
microscope.
K.ELECTROSTATIC DETECTION APPARATUS (ESDA) - The device that can
detect indention/ indented writings can records transparencies of any
indentations. It is a piece of equipment commonly used in questioned
document examination, to reveal indented impressions on paper which may
otherwise go unnoticed. It is a non-destructive technique (will not damage
the evidence in question) thus allowing further test to be carried out. It is a
sensitive technique, and has been known to detect the presence of fresh
fingerprints. It is used to detect and to assist in the decipherment of indented
impressions of handwriting on paper.

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