Forc104 Week 3 4

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Document and Questioned

Document Examination
Chapter II
2.1 – Divisions of Questioned Document
Examination
Technical Terms
1. ADDITION – Any matter made a part of the document after its
original preparation may be referred to as an addition.
2. CONCLUSION – A scientific conclusion results from relating
observed facts by logical, commonsense reasoning by established rules
or laws. The document examiner’s conclusion, in legal terms, is
referred to as “opinion”.
3. DOCUMENT EXAMINER. One who studies scientifically the details
and elements of documents to identify their source or to discover other
facts concerning them.
4. ERASURE – The removal of writings, typewriting, or printing, from
a document is an erasure. It may be accomplished by either two
means. A chemical eradication in where the writing is removed or
bleached by chemical agents (e.g. liquid ink eradicator); and an
abrasive erasure is where the writing is effaced by rubbing with a
rubber eraser or scratching out with a knife or other sharp implement.

5. EXAMINATION – It is the act of making a close and critical study


of any material and with questioned documents, it is the process
necessary to discover the facts about them. Various types are
undertaken, including microscopic, visual photographic, chemical,
ultraviolet and infrared examination.
a. EXPERT WITNESS. A legal term used to describe a
witness who because of his special training or experience is
permitted to express an opinion regarding the issue, or a
certain aspect of the issue, which is involved in court action.

6. INSERTION OR INTERCALATION – The terms “insertion”


and “interlineations” include the addition of writing and other
material between lines or paragraphs or the addition of a whole
page to a document.
7. NON-IDENTIFICATION (Non-identity) – as used in this text it
means that the source or authorship of the compared questioned
and standard specimens is different.
a. OBLITERATION – the blotting out or shearing over the
writing to make the original invisible as an addition.
b. OPINION. In legal language, it refers to the document
Examiner’s conclusion.
8. QUALIFICATION. The professional experience, education, and
ability of a document examiner. Before he is permitted to testify as
an expert witness, the court must rule that he is qualified in his
field.
Divisions of Questioned Document Examination
A. Criminalistics Examination. This involves the detection of
forgery, erasure, alteration, or obliteration of documents.
• 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.
B. Handwriting Investigation / Analysis. This is more focused on
determining the author of the writing. It is a more difficult
procedure and requires long study and experience.
Aspects of Questioned Document Examination
A. Handwriting Examination (Graphology/Graphoanalysis)
1. examination of signatures
2. examination of anonymous letters
3. hand printing examination
B. Examination of Typewriting and type prints
C. Examination of Inks
D. Examination of erasures, alterations 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. Examination of seal and other authenticating devices
Related Fields of Study
A. Questioned Document Examiner – A document examiner analyzes
any questioned document and is capable of more than just questions
of authorship limited only by their access to laboratory equipment.
B. Historical Dating – This is work involving the verification of the
age and worth of a document or object, sometimes done by a
document examiner.
C. Fraud Investigators – This is work that often overlaps with that of
the document examiner and focuses on the money trail and criminal
intent.
D. Paper & Ink Specialist – These are public or private experts who
date, type, source, and/or catalog various types of paper,
watermarks, ink, printing/copy/fax machines, computer cartridges,
etc., using chemical methods.
E. Forgery Specialist – These are public or private experts who analyze
altered, obliterated, changed, or doctored documents and photos using
infrared lighting, expensive spectrography equipment, or digital
enhancement techniques.
F. Handwriting Analysts – These are usually psychology experts who
assess personality traits from handwriting samples, also called
graphologists or graphoanalysts; Forensic stylistics refers to the same
purpose but by looking at semantics, spelling, word choice, syntax, and
phraseology.
G. Typewriting Analysts – These are experts on the origin, make, and
model used in typewritten material.
H. Computer Crime Investigators – This is an emerging group that relates
to QDE through some common investigative and testimonial procedures.
2.2 – Basic Requirement in Questioned Document
Examination
A. Request
1. Document examination shall be based on a written request from
any investigating agency of the government, court order, and/or
private requesting party provided that the letter has been approved
by the director of PNPL.
2. Documents previously examined by any competent agencies of the
government shall not be re-examined except if there is a court
order.
3. If the case is undergoing trial in court, disputed documents shall be
examined only upon the order of the court having jurisdiction over
the case.
B. Standard Specimens
The specimens to be submitted will be dependent on the
questioned documents under investigation. First, the original
document is necessary and the standards to be collected or
requested should be sufficient; and observance of similarity of
subject matter is necessary.
The logical progress of inquiry in document examination
A. FIRST – ASCERTAIN THE FACTS: select “QUESTIONED”,
“DENIED” or “ADMITTED”, “AUTHENTIC”, and “DOUBTFUL”
documents.
1. Concerning the Document in Questioned.
a. Is only one signature in question?
b. Is any part of the document in question?
c. Is the date of the document in question?
d. Is the paper or the typewriter used in the document in question? Etc.
2. Regarding the standards
a. Make sure that there are sufficient numbers of authentic documents
for comparison submitted.
b. Determine whether the standards are authentic ones, on which a
foundation can be built for admitting the evidence.
B. SECOND – ANALYZE THE DETAILS: Synthesize the
elements, date, circumstances, conditions, technical problem,
and the like.
1. The examiner after ascertaining the facts, should have detailed
information as to the circumstances of the document in
question, the condition of an alleged writer, or any condition
that may have affected the writing or typewriting or any facts
that are part of the technical problem with the document that is
submitted to the expert.
2. He should inquire about the circumstances and conditions as far
as the client knows, such as; was the document signed sitting on
the wall, on the lap, or lying in bed? Sitting on the bed, lying on
his back or side?
C. THIRD – QUALIFY THE CASE:
1. How much time is needed for the examination?
2. Is it possible to complete the study from the original papers, or
is it necessary to make special photo-enlargements for proper
examination?
3. If it is possible to make arrangements with the client for photo
enlargement, is it advisable to do so?
4. Photo-enlargements are always useful for demonstrating the
reasons on which the opinion is based, especially in court.
2.3 – 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.
D. Verification – It is the process of double-checking the accuracy and
correctness of the examination usually conducted by other experts in
the said field.
The criteria for scientific examination of documents
A. Accuracy – correspondence between results obtained and
the truth.
B. Precision – a measure of the consistency of results obtained
in repeated study or experimentation.
Preliminary examination of documents
It is the initial examination conducted on a document to
determine whether it is genuine or not. It is not a misnomer, for in
reality, it consists of painstaking analysis more than looking at a
document and expressing an off-hand opinion.

A. THE IMPORTANCE OF PRELIMINARY EXAMINATION


OF QUESTIONED DOCUMENT
1. Ensure preparedness ;
2. Avoidance of delay; and
3. Ensure the success of the case.
B. Principal points for consideration in the PRELIMINARY
EXAMINATION of questioned documents. Please note that these
questions may not be applicable in every case.
1. Is the signature genuine?
2. Is the signature in a natural position?
3. Are the signatures of the witnesses genuine and were they written
in the orders as they appear?
4. Does the signature touch the other writings? Or was it written last?
5. Are there remains of pencil or carbon marks which may have been
an outline for the signature of other writings?
6. Is the signature shown in an embossed form on the back of the
sheet?
7. Are the writings written before the paper was folded?
8. Is the signature written before or after the paper was folded?
9. Is more than one kind of ink used in the preparation of a document?
10. Are the several sheets of the document the same sizes, thicknesses, and
colors?
11. Is the paper torn, burned, or mutilated in any way, and if so, for what
purpose?
12. Is the paper unnecessarily soiled or crumpled?
13. Does the document contain abrasion, chemical/pencil erasures, and
alterations/substitutions of any kind?
14. Does the document show abrasion, erasure, or lack of continuity when viewed
by transmitted light?
15. Has the document been wet in any way and if so, for what purpose?
16. If typewritten, are the contents of the document all written on the same
machine?
17. Was each sheet written continuously at one time without being removed from
the typewriter?
18. Are there added figures, words, clauses, sentences, paragraphs, or
pages written on a different typewriter?
19. Do the perforations agree with the stubs from which the alleged
document came?
20. If the document is a carbon copy, does it conform to the size,
position, and arrangement of matters with original letterheads?
21. If the document is a letter, do postmark, postage stamps, manner of
sealing, and opening of the envelope have any significance?
22. Are there indentations in the paper from handwriting or typewriting
on a sheet placed above the paper examined?
23. Is the rubber-stamp impression if any made from a genuine stamp?
24. Is the attached seal of proper date or the seal impression made from a
genuine seal and is it made in proper sequence?
C. Who Conducts the Preliminary Examination?
It should be conducted by a QUESTIONED DOCUMENT
EXPERT.

D. Who is a Questioned Document Expert?


A Questioned Document Expert has:
1. Attained the appropriate education and training;
2. Sufficient knowledge of the technical, scientific, and legal
aspects of document examinations; and
3. A broad experience in handling questioned document cases.
E. REASONS FOR UTILIZING A QUESTIONED DOCUMENT
EXPERT:
1. Assurance of preparedness;
2. Trial fiscal or judges are infrequently confronted with document cases;
consequently, they do not possess the knowledge of the document
expert’s ability of the various methods that exist for determining
forgeries.
3. Avoidance of an “OFF-HAND” opinion.
F. What is an “OFF-HAND OPINION”?
An off-hand opinion is usually a conclusion that is not based on a
thorough scientific examination.
G. THE DANGER OF OFF-HAND OPINIONS
It has happened in some cases that an off-hand opinion, has sent an
innocent man to prison, while a murderer was given a chance to escape.
2.4 – Instruments and Apparatus Used in Questioned
Document Examinations
A. MAGNIFYING LENS – Bank personnel and other people involved
in currency examinations usually 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.
B. SHADOWGRAPH – a pictorial image formed by casting a shadow
of the hands, upon a rightful surface or screen.
C. STEREOSCOPIC BINOCULAR MICROSCOPE – a tri-
dimensional (3D) enlargement is possible.
D. MEASURES AND TEST PLATES (TRANSARENT GLASS) –
those used for signatures and type writings.
E. TABLE LAMPS WITH ADJUSTABLE SHADES ( Goose Neck
Lamps) – used for controlled illumination; needed in sidelight
examination wherein light is placed at a low angle in a position oblique to
plane or document.
F. TRANSMITTED LIGHT GADGET – a device where light comes from
beneath or behind glass on the document is placed.
G. ULTRA VIOLET LAMP – this is usually used in the detection of
counterfeited bills but can be used to detect security features of qualified
documents.
H. INFRARED VIEWER – primarily used to decipher writings in charred
documents.
I. COMPARISON MICROSCOPE – similar to that of the bullet
comparison microscope.
J. VIDEO SPECTRAL COMPARATOR (VSC) – The device is a
comprehensive imaging tool used to analyze masked text,
watermarks, fluorescence, and indented writing, enabling forensic
document examiners to identify alterations, page substitutions, and
hidden security features.
K. ELECTROSTATIC DETECTION APPARATUS (ESDA) – A
device detects indented writings on paper, recording transparencies
and revealing unnoticed impressions. Non-destructive, sensitive
technique detects fresh fingerprints and aids in deciphering
handwriting impressions.
2.5 – Techniques in the Examination of
Questioned Documents
A. MICROSCOPIC EXAMINATION – Any examination or study
that is made with the microscope to discover minute physical details.
B. TRANSMITTED LIGHT EXAMINATION – The examination
examines a document under illumination to identify erasures,
serration matching, and other alterations, examining the source of
illumination behind it.
C. OBLIQUE LIGHT EXAMINATION – This type of examination
involves controlled illumination that grazes or strikes the document's
surface, allowing for the decipherment of faded handwriting, traced
forgery outlines, and embossed impressions.
D. PHOTOGRAPHIC EXAMINATION – This type of examination
is very essential in every document examination. Actual observations
are recorded in photographs.
E. ULTRA-VIOLET EXAMINATION – This type of examination is
done in a darkroom.
F. INFRARED EXAMINATION – This examination of documents
employs invisible radiation beyond the red portion of the visible
spectrum(rainbow) which is usually recorded on a specially
sensitized photographic emulsion.
Photography and questioned document examination
A. PURPOSE OF PHOTOGRAPHS IN QDE:
1. Serves as a record of the initial condition of a disputed document;
2. Make clear what otherwise may be hidden or indistinct;
3. Enlarge the writing in question so that the very quality and
characteristics of it can be clearly and properly interpreted
whether the facts point to the genuineness of forgery;
4. Enable any number of accurate reproductions of documents, thus
affording unlimited opportunity for study, comparison, and
evaluation by any number of examiners, which would not be
possible by using the document alone;
5. Allow cutting apart as may be desired and the various parts
classified for comparisons;
6. can show delicate discolorations due to chemical erasures or other
fraudulent changes, which may otherwise be overlooked, or
misinterpreted;
7. can show very clearly any erasures by abrasions made by ordinary rubber
erasers;
8. with transmitted light, photographs are useful in:
a. examination of watermarks
b. determining the identity, or the differences in paper by showing
arrangements of the fibers and the markings of the wire gauze and
dandy roll
c. showing the continuity of strokes and
d. determining retouching or patching of a writing
2.6 – Handling of Documents and Questioned Documents
A. THE CARE OF DISPUTED DOCUMENTS AND DOCUMENTARY
EVIDENCE.
1. It should be kept UNFOLDED AND IN A SEPARATE, PROPER SIZE
ENVELOPE OR FOLDER.
2. A proper photograph or photo enlargement done by the document expert.
3. Lawyers or courts may repeatedly handle disputed documents during case
preparation, so if necessary, a photograph should be used instead of the original
document.
4. Every touching, folding, refolding, or pointing to certain parts of a document,
can change the physical condition of the case.
5. Using sharp tools on a document can cause slight damage, which can be visible
under a microscope or enlarged photograph.
6. No test should be made to alter the conditions of the document.
7. Should any test be necessary, insists that it should be done in the presence of a
chemist, in court, or front of both parties involved in the case.
B. DO’s and DONT’s in the CARE, HANDLING, AND
PRESERVATION OF DOCUMENTS

1. “DO’S”
a. Take disputed papers to the Document Examiner’s Laboratory
at the First Opportunity.
b. If storage is necessary, keep it in a dry place away from
excessive heat and strong light.
c. Maintain in the consequential document, unfolded and in a
transparent plastic envelope or evidence preserver.
2. “DON’T’S”
a. Do not underscore, make careless markings, fold, erase, impress
rubber stamps, stickers, write on, or otherwise alter any handwriting.
b. Do not smear with fingerprint powder or chemicals.
c. Do not carry handwritten documents carelessly in a wallet, notebook,
or brief case on grounds of interviews.
d. Do not handle disputed papers excessively or carry them in a pocket
for a long time.
e. Do not mark disputed documents.
f. Do not mutilate or damage by repeated refolding, creasing, cutting,
tearing, or punching for filling purposes.
g. Do not allow anyone except a qualified specialist to make chemical
or other tests; do not treat or dust for latent fingerprints before
consulting a document examiner.
C. HANDLING CHARRED DOCUMENTS
1. Those extremely fragile must be handled as little as possible and
transporting them to the laboratory requires extra-ordinary care.
With forethought and caution, they can be brought from the distant
fire scene to the laboratory.
2. They should be moved in the container in which they are found
whenever possible. When the fragments are not packed tightly,
they should be padded with lightweight absorbent cotton. If jarring
can not be eliminated jarring the box must be kept to a minimum.
3. Thus every precaution must be taken in handling and transporting
the charred residue to prevent the large pieces from becoming
unnecessarily and badly broken. The fragment must be held firmly
without crushing and prevent movement or shifting when finally
packed in a sturdy container.
Thank you for listening and
God bless!

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