Chapter Ii Document Examination

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Chapter II
DOCUMENT EXAMINATIONS

Document examinations play an important role in the criminal justice


process is issue of genuineness of documents presents itself nearly all forgery
prosecutions, kidnappings involving ransom notes, confidence games and
embezzlements, and gambling offenses with policy slip. Apart from these
however questioned document evidence may occur in nearly every other type
of crime as well including homicides, the robberies, ason, burglaries, etc
Document examiners find an even greater field in civil cases many
document examiners are not connected with law enforcement agencies and
the practice is almost exclusively in civil cases The issue of genuineness of
documents presents itself there too in many will contest suits on notes and
contract, and the like.
The function of the document examiner is not limited to determining
whether some specimen of handwriting or typewriting has been made by a
suspected individual. He is also concerned with the facts of forgery detection
Among them are the authentication and dating of documents, the
decipherment of erased, obliterated, charred, and water damaged documents,
and the restoration of faded or chemically erased writings Related problems he
deals which involved the sequencing of a great number of writings or
documents a study of addition, interlineations and interpolations rubber stamps
and seal impressions, fluid ink and ball-point pen ink analysis, pencil markings
indented writings, suspected substitution of pages, the study of paper
watermarks and of printing, copying and duplicating processes and the
detection of alterations
The ever expanding use of micro-computers and word processors, which
can be coupled to an in infinite variety of printers, whether do matrix, so called
letter quality printers of the daisy wheel or laser variety and even newer

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advances in word processing presents new and challenging problems to


questioned document
The Questioned Documents
The term “questioned document," refers to any type of paper, cardboard,
or other inject, on which there may appear any signature, handwriting, hand
printing bpewritig, printing, or other graphic markings, the authenticity of which
in dispute or doubt. Although the questioned document examiner is involved
mostly in the study of paper documents, no of word document may at times be
misleading when a message in conveyed on material other than paper.
Documents in its fullest meaning refers to any material which contain
marks, symbols or sign either visible or invisible which may presently or
ultimately convey a meaning or message to someone. It also means that
anything can possibly be considered as a document as long as it contains any
markings that are capable of imparting information.

Classes of Questioned Documents


1. Document with questioned signatures.
2. Documents containing alleged
fraudulent alternatives.
3. Holograph documents.
4 Documents questioned as to their age or
date.
5. Documents questioned as to their
materials used in their production.
6. Documents involving type writings and
are investigated or examined for purpose
of determining their source, date whether
or not it contains
fraudulent alterations or substitute page.
7. Genuine documents erroneously or fraudulent attacked.
8. Document which may identify a person through handwriting.
9 Document containing printing or type prints.

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TWO CATEGORIES OF DOCUMENT


1. Standard Document
Specimen document in which the origin is known, can be proven and can
legally be used as sample to compare with other things in questioned.
Classes of Standard Document
A. Collected standard- are standards which are written from day to day in the
course bus
B. Requested standard -- are these standards written upon request.
Dictated Standards
In dictated standards certain points should be taken into consideration
such as:
1 Text must be carefully selected. Do not dictate document exactly as it for
such will give opportunity for the subject to recall how he/she prepared the
questioned he is the spect to the case.
2. Dictate the text to the writer and never allow the subject to see the
questioned witings.
3 Dictation must repeat for at least 3 times. This is to give chance for the
subject to cope with the diction and not for him to hurry in preparing the
standards.
4. Dictation must be interrupted at an interval so that the suspect will feel
relax and be able to execute his natural writing.
5. Utilized the same writing instrument and paper as that of the
questioned.
2. Questioned Document
Document in which an issue has been raised or which is under scrutiny. It
has variety of classes from a simple handwritten form to a more complex form
of document which might contain security features such as paper bill and other
official documents.
Factors to be considered in obtaining standards
1 The standards to be collected must be genuine.
2. The standards must be adequate.
There is no hard and fast rule as to fixed number of standards necessary
to constitute sufficiently or adequacy of standards. Although experience show

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that at least seven (7) standards usually constitute sufficiently of standards, but
still ten (10) is better than seven (7).
3. The standards must be contemporaneous.
Standards for comparison should relatively contemporary in dates
Contemporary as used in questioned documents that are executed at least
within five (5) years before or after the questioned document,
4. The standard must be similar to the matter under investigation
Writing instrument and paper used in the preparation of a document may
somehow influence in certain degree the quality of the writing. Thus, it will be
strongly advised to utilize similar writing instrument and paper as that of the
questioned document so as to eliminate the possible difference brought by
them to the over-all appearance of the writing
5. The standards must be written under normal writing conditions.
Conditions of the writer such as physical mental, emotional and
psychological conditions greatly affect the momentum of his hand in executing
the writing.
The Scientific Examination of Questioned Documents
There are three (3) procedures in document handwriting examination
1. Analysis
The questioned and the standard document are analyzed to identify its
characteristics, it involves the observation, measurement and/or determination
of properties. The feature it form (general or individual) and line quality
(whether written in aa natural manner or not). Consistency and oneness of
execution of the disputed writing is also verified.
Four important things to consider upon analyziing the questioned and
standandard writing prior to conducting a comparison process:
a. Determine whether date of execution of questioned and known writing
are contemporary.
b Determine the age and physical condition of writer at the time of
execution of questioned and known writing.
C.Determine the lowest and highest level of writing capability of the writer
thru .The questioned and known writing.
D.Also, determine seperately whether writing were written by one person
and have identifiable (individualistic) are thewritings.

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2. Comparison
The characteristics of the questioned items are compared against the
known standard.
The act of setting two or more items side by side to weigh their Identifying
qualities. It Implied not only to visual but also a mental act in which the
elements of one item are related to the counterpart of the other.
Five elements to be considered in the examination of handwriting
comparisons:
a. General (system of writing) characteristics against individual
characteristics
b. Consistency or inconsistency of individual characteristics i.e, habitual,
accidental, temporary or rare.
c. Whether the writing is within the exhibited capability of the writer.
d. Whether the individual characteristics are hidden or not
e. The frequency of recurrence of a certain based on observation
characteristics.
3. Evaluation
Similarities and/or difference in the compared properties are evaluated to
determine which one are valuable for a conclusion It will depend on the
uniqueness and frequency of the occurrence in the tems.
Writing characteristics or elements is assigned a value based on the
following:
1. Degree of consistency with which it occurs throughout the specimens
2. Degree of speed or spontaneity with which it was made;
3. Extent to which it deviates from the prescribed or copy book standards
4. Frequency with which is encountered in writings taken at random; and
5. Degree of conspicuousness of the element in question and others of a more
or less complexity.
Common Errors in Rendering a Conclusion
1. Allowing outside pressure, influence. prejudice, sympathy, or antipathy to
effect a conclusion.
2. Basing opinion on inadequate amount of disputed on inadequate writings.
3. Inability to property recognized and evaluate writing characteristics and
quality.

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Legal Classification of Documents


1 Public Document - a document created, executed or issued by a public
official in response to the exigencies of the public services.
E.g.
 Birth and death registers of municipalities .
 Charge sheet.
 confessions recorded by magistrate u/s . ...
 Deposition of witnesses recorded by an officer of the Court.
 Entry in the register of power of attorney kept in the registration office .
 sanction to prosecute.
2. Official Document - a document which is issued by a public official in the
exercise of the functions of his office.
E.g.
 reports.
 research reports.
 statistical publications.
 fact sheets.
 handbooks and manuals.
 presidential papers.
 budgets.
 maps and atlases.
3. Private Document -a deed or instrument executed by a private person
without the intervention of a notary public or other person legally authorized by
which documents, some disposition or agreement is proved.
E.g. salary slips, unregistered will, registered sale deed,
memorandum, documents kept by post, and telegram office.
4. Commercial Document- any document defined and regulated by the code
of commerce.
E.g.
 Sales contract
 Pro forma invoice
 Commercial invoice
 Packing list
 Letter of credit
 Certificate of insurance

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Care, Handling and Preservation of Documents


The improper or careless handling of a dimputed document can lead to
serious curtment of certain technical examination. Most frequently this
condition is brought about by ignorance of the consequences of mishandling.
Just the simple act of removing and replacing a letter in its envelope
repeatedly can cause noticeable deterioration. An understanding of the factors
involves and a few precautions are actually all that is necessary to deliver a
document to the laboratory in the same conditions when it was delivered.
Protective Envelopes
The most useful and effective protective
covering for a disputed documents is a transparent
plastic envelope. This kind of envelope can usually
be purchased commercially or can easily be made
from sheets of clear plastic to a size sufficient to
accommodate any flat and unfolded papers. With
such a cover the document can be completely examined by witnesses and
others who may have occasion to refer to it, and at the same time it is
protected to dirt, wear, and stains occasioned by handling. Thus, after an
extended investigation and triat, will be in virtually the same conditioned as
when discovered.
As an alternative, a large heavy manila or Kraft envelope or folder can be
used. Again, the document should be laid at unfolded so as to prevent wear
along d folds. If a non-transparent envelope is used, it should be carefully
labeled both for convenience and to eliminate unnecessary handling. This kind
of envelope makes a poor permanent substitute for a treatment one because is
not easily examined, but protection by any sort of envelope preserves the
document and reduces the damage.
The care, handing and preservation of documents can be discussed
adequately by setting forth certain positive rates of action in the form of "DOs”
and listing of several admonitions in the form of "DONTs”. There is no special
treatment necessary for disputed document that should not be accorded any
important paper, but it is surprising how often a field investigator or some ele
complicates the problem because he has not observed just ordinary
commonsense rules and precautions.

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DOs
1. Keep documents unfolded in protective envelopes.
2. Take disputed papers to the document examiner's laboratory at the first
opportunity.
3. If storage is necessary, keep the document in a dry place away from
excessive heat and strong light.
DONTs
1. Do not handle disputed papers excessively or carry them in a pocket for a
long time.
2 Do not mark disputed documents (either by consciously writing on ar
by painting at them with writing instruments or dividers).
3. Do not mutilate or damage by repeated refolding, creasing, cutting, tearing
Or punching for filing purposes
4. Do not allow anyone except qualified specialists to make chemical or other
tests, do not treat or dust for talent fingerprints before consulting a document
examiner.

 Video Links:
 Document Examination (1969):
https://www.youtube.com/watch?v=cejHqgUvHo0
 QUESTIONED DOCUMENT CATEGORIES &
CLASSIFICATION:
https://www.youtube.com/watch?v=YaG94CAZItE
 Care,Handling and Preservation of Documents:
 https://www.youtube.com/watch?v=nTdPDrEVL58

References: Questioned Document Examination: Dr.Lilee


Galeon

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