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Questioned Document Chapter 3 Leg 2 Module 2021

1. The document discusses the history and scope of forensic document examination, which involves analyzing handwriting, signatures, inks and detecting alterations on documents. 2. Key events in the development of document examination include early cases like Colonel Algeron Sidney's in 1694, and the introduction of handwriting comparison as evidence in courts in the 19th century. 3. Forensic document examiners identify handwriting based on both the similarities and differences between writing samples, looking for distinguishing individual features to determine whether writings were produced by the same person.
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0% found this document useful (0 votes)
248 views5 pages

Questioned Document Chapter 3 Leg 2 Module 2021

1. The document discusses the history and scope of forensic document examination, which involves analyzing handwriting, signatures, inks and detecting alterations on documents. 2. Key events in the development of document examination include early cases like Colonel Algeron Sidney's in 1694, and the introduction of handwriting comparison as evidence in courts in the 19th century. 3. Forensic document examiners identify handwriting based on both the similarities and differences between writing samples, looking for distinguishing individual features to determine whether writings were produced by the same person.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ST.

JOSEPH COLLEGE-OLONGAPO, INC


CRIMINOLOGY DEPARTMENT
Olongapo City

FORENSIC 4 : FORENSIC QUESTIONED DOCUMENTS Wee 05-07


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Module/Lesson 3
(Leg. 2) DOCUMENT EXAMINATION
1. Give the Scope of Document Examination
Learning Objective/s:
2. Explain the Principles of Handwriting Examinations
3. Illustrate the different Similarities and Differences in Handwriting
Examinations
4. Differentiate what are Individuals and Class Handwriting Characteristics
5. Ascertain the different types of forgeries
6. Identify the different signs of Forgeries

7. Apply the knowledge learned to identify forger or falsifier.


8. Stretched and Explain the importance of Colonel Algeron Sidney’ Case”
Time Allotment: 9 hours
Mode of Delivery Blended Instruction
1. 1. Rosete, M.C. “Questioned Documents Examination Handbook” Great Books
References: Publishing 2009. Manila

Pre-Printed Notes/ Memory Aid/Reading

DOCUMENT EXAMINATION
Forensic science is the application of various sciences to the law. The application of
allied science and analytical techniques to questions concerning documents is termed forensic
document examination.
Public confidence in the forensic sciences has waned as a result of a number of
sensational criminal cases in the Philippines and overseas involving forensic evidence. There are
questions being asked about the reliability and accuracy of such evidence.
Document examination, being a branch of the forensic sciences, has not escaped
criticism. Perhaps the most sensational case is the “Hitler Diaries”, in which two renowned
documents examiner had their reputation sullied. Ironically, it was also document examination
that ultimately helped show the diaries to be justice.
History of Document Examination
The science of document examination dates back to around the turn of the 20th century.
Its development both in the field and its acceptance by the courts are largely due to the
efforts of an American, Albert S. Osborn, and an Englishman, Wilson R. Harrison. Their
respective texts, “Questioned Documents”, and “Suspect Documents”, are still considered by
contemporary document examiners as definitive works on the subject.
In his books, “The Law of Disputed and Forged Documents”, J. Newton Baker states:
“Forgery was practiced from the earliest time in every country where writing was the medium of
communication.
Not surprising, forgery was a very lucrative business for individuals in high office. Titus
was skilful forger in his time: Cicero berated Anthony for making profits by counterfeiting
handwriting:
The Code of Justinian, enacted in Rome in 539 A.D., clearly expresses the rule for the
identification and comparison of handwriting:
“Comparison of handwriting shall only be made

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CHAPTER 3 DOCUMENT EXAMINATION
ST. JOSEPH COLLEGE-OLONGAPO, INC
CRIMINOLOGY DEPARTMENT
Olongapo City

in the case of public documents and in the case


of private instruments where the adverse party
can use them to his own advantage.
For we entertain hatred for the crime of forgery.
We order that experts charged with the comparison
of the handwriting of public documents shall
be sworn before any private instruments are
placed in their hands for this purpose. Wherefore
this law, as well as the present modification
of the same, shall remain in full force, and
experts aforesaid shall by all means be sworn.
The early English common law system did not provide for such a stringent approach to
the introduction of documents into evidence for the purpose of comparison with a disputed
document. In fact, Albert S. Osborn suggests that it was not a result of design, but an outgrowth
of circumstance and conditions that the English law for many years favored forgery.
The great period of illiteracy in English history promoted an atmosphere of mystique
associated with the written word. So much so that for many generations the English law
“comparison hands” was not only illegal but was constructed as being highly improper. The law
positively asserted that handwriting could not be identified
This attitude could have been influenced by an early reported case where the comparison
of handwriting was admitted into evidence in the trial of Colonel Algeron Sidney. A book which
had been found in the accused’s closet was offered in evidence, as it contained the presumed
writing of the accused. This was not proved by the testimony of any witness.
Some witnesses testified that it was like some writing that they had seen him write some
twenty years earlier. This writing was read to the jury and compared by them. Unfortunately, for
Sidney, the jury found him guilty, and he was convicted of treason and executed in 1694. This
kind of evidence had never been permitted before in a criminal case.
An Act of Parliament five years after Sidney’s execution made his conviction null and
void because the disputed writing had been compared with some other handwriting which was
not proven to have been written by him. The mere similitude of handwriting in the two papers
shown to the jury without concurrent testimony was not evidence that both were written by the
same person. Sidney’s luck was really out.
But by 1854, the slow and staid British system of justice finally started “getting its act
together”. The comparison of handwriting was allowed in civil cases. By 1865, all restriction
were lifted to allow for the comparison of hand writing in criminal cases.
From these beginning the science of document examination developed.
Scope and Limitations of Document Examination
The historical and legal backgrounds that ultimately led to documents examination or
document evidence being accepted by the courts came about due to the reliability and
repeatability of the result obtained by the courts came about due to the reliability and
repeatability of the obtained by bona-fide practitioners in the examination of documents.
Document examination covers a variety of subject, including the following:
1. The identification of handwriting signatures, typewriting and printed matter:
2. Distinguishing forgery from genuineness:
3. Analyzing inks, papers and other substances that are combined into documents:
4. The detection of addition and substitution on a document:
5. The restoration or decipherment of erased and obliterated writing.
The majority of work undertaken by document examination revolves around the
identification of handwriting and signatures. Early documents examiners were known as “hand
writing experts”, as their work centered largely on handwriting and signature examinations.
Nowadays, document examiner are trained in all facets of documents examination. In
some overseas countries, once an examiner has completed basic training, that person may
specialize in a particular area, such as typewriting or ink analysis.
It is important to have a basic understanding of what is involved in signature or
handwriting identification and of the principles thereof.
Principles of Identification
The identification of handwriting is based on the proposition that “people are all like;
people are all different”. To be able to make a positive identification of a person, a document

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CHAPTER 3 DOCUMENT EXAMINATION
ST. JOSEPH COLLEGE-OLONGAPO, INC
CRIMINOLOGY DEPARTMENT
Olongapo City

examiner must be able to observe the distinguishing individual features which separate one
person from all others.
All handwriting are alike. If this were not so, we would not be able to read another
person’s handwriting. All handwriting is different. If this were not so, we would not be able to
identify the handwriting of close relatives and friends with whom we correspond.
Similarities and Differences
Any two writing in the same language, and especially those based on the same writing
system, naturally have similarities. When closely examined, two writing by the same person
show some natural and inevitable variation in letter form, which must be weighed, measured,
noted and accounted for by the expert.
In the identification of handwriting, all characteristics of both the questioned and
specimen writings must be considered. Basic handwriting habits common to both must agree if
all are the work of the same writer. Any single fundamental dissimilarity between two samples of
writing is a strong indication of two writers, unless this divergence can be logically accounted
for.

Several repeated fundamental dissimilarities establish that two writings are not the work
of a single person. Under no circumstance, however, can identity be established by one, two or
even several unusual characteristics. Rather, if two writing have been produced by one
individual, there will be a combination of a sufficient number of similarities without any
fundamental dissimilarity, so that all chance of accidental co-incidence is excluded.

Class and Individual Characteristic


All the factors which identify handwriting fall into two general and somewhat
overlapping groups – class and individual characteristics.
1. Class characteristics are those common to a number of writers, and may result from such
influences as the writing system studied, family association, trade training, or foreign education,
as well as carelessness and hate in execution
2. Individual characteristics are those which are highly personal or peculiar and unlikely to occur
in combination in other instances.
Disguised Handwriting
A disguised handwriting is one in which the person has made a deliberate attempt to
remove or modify all or some of his normal writing habits.
In the majority of cases, all that is achieved is a change in the pictorial appearance of the
writing. The distinguishing characteristics are rarely affected. It is the obvious which is altered
while the subconscious mannerisms are left as a guide for the document examiner.
It must be realized that it is relatively simple to sufficiently change one’s writing habits
for one or two words to avoid identification; however, the problem of maintaining an effective
disguise grows more difficult with each additional word.
If a suspect attempts to disguise his writing, he will generally exhibit inconsistent slant
and letter formation with a major change in the size of letters. Capital letters will be different,
and the suspect may use block lettering.
As he writes, there will be a lack of rhythm, irregular spacing, and unnatural starts and
stops. Occasionally, the suspect will add excessive ornamentation. Some individuals will try to
write with the wrong hand.
Figure 10
Disguise Writing
Handwriting and Numerals
Hand printing is any disconnected style of writing in which each letter is written
separately and includes block capitals and manuscript writing.
The method of identifying hand printing is fundamentally the same as the one used for
the identification of cursive script, which is the improbability of a number of individual
characteristics accidentally coinciding in two writing from different sources.
Questions often arise regarding hand printing used in addressing packages, envelopes,
and labels, and for other purposes such as official forms and applications. Hand printing is also
often found in anonymous letters, and is employed as a means of hiding the identity of the writer.
This style of writing is one of the most frequent disguises used by the anonymous letter writer,
and is quite effective if no specimen hand printing is available for comparison.

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CHAPTER 3 DOCUMENT EXAMINATION
ST. JOSEPH COLLEGE-OLONGAPO, INC
CRIMINOLOGY DEPARTMENT
Olongapo City

Many investigations today produce a myriad of evidential numerals. This is especially


true of enquiries relating to embezzlements, bankruptcies, payroll falsifications, purchase and
invoice manipulation, income tax evasion, fraudulent checks, and virtually of every sort of civil
and criminal case situation.
Each writer is identifiable by his numerals in the same general manner, and subject to the
same conditions as previously outlined with respect to the identification of cursive script and
hand printing.
Forged Signatures
“Genuine” and “Legally Genuine Signatures” are different entities.
Some confusion may be avoided if it is made clear at the outset that the lawyer’s criteria
as to what constitute a legally genuine signature are not necessarily those of the documents
examiner when he has to decide whether, in his opinion, a signature is genuine of forgery.
In view of this distinction, the terms “genuine” and “fraudulent” are applied from the
point of view document examiner, because he has to base his view entirely on what evidence he
can adduce from the documents presented to him for examination.
Classification of Suspect Signatures
In “Suspect Documents”, Harrison lists seven general classifications of suspect
signatures. These are:
1. Forged signatures where no attempt has been made to make a copy of the genuine signature of
the person purporting to sign the document;
2. Forged “signatures of fictitious persons”.
3. Forged signatures which closely resemble the genuine signature, since they have been
produced by a tracing process;
4. Forged signatures which resemble the genuine signature, written freehand to produce what is
known as a “simulated forgery”
5. Genuine signatures which have been obtained by trickery;
6. Genuine signatures which the writer are honestly unwilling to accept as genuine;
7. Genuine signatures which have been deliberately written illegibly or in an unusual manner, so
as to afford the signatories some plausible grounds for disclaiming them should they deem it
expedient.
A very small percentage of signatures in existence are forgeries, but since these are
generally part of important documents or of papers which carry a monetary value, their detection
is an absolute necessity. The qualities of a forgery must be understood before a signature can be
accurately identified.

Definitions of Forgery
Forgery is committed by any person who, with intent to defraud, signs the name of
another person or of a fictitious person, knowing that he has no authority to do so, or falsely
alters, forges or counterfeits any check, draft, due-bill for the payment of money or property; or
counterfeits or forges the seal or handwriting of another, knowing the same to be fake, altered,
forged or counterfeited, with intent to prejudice, damage or defraud any person.
Forgery may be produced under many processes, ranging from the mere writing of the
name without an attempt to resemble the genuine model signature to the more complicated
process of tracing or simulation to produce a close resemblance or facsimile of the genuine
signature.
Type of Forgeries
1. Simulated forgeries
These are a free imitation of a model signature. There are two basic methods of simulation:
1.1. The first and the most common method involves the use of an actual model signature in
proximity to the document to be forged.
1.2. The second method of simulation involves the forger’s ability to recollect the signature he
proposes to imitate and to produce it on the document to be forged without a direct reference to a
model.

2. Traced forgeries
These are fraudulent signatures which have been executed by actually following the outline of a
genuine signature with writing instruments, such as in the following manner.
2.1. Tracing a carbon outline and then covering this with a suitable ink stroke.

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CHAPTER 3 DOCUMENT EXAMINATION
ST. JOSEPH COLLEGE-OLONGAPO, INC
CRIMINOLOGY DEPARTMENT
Olongapo City

2.2. Tracing from an outline made visible by transmitted light.


2.3 Tracing with sufficient pressure over the authentic signature and tracing the depression on
the forged document. This process creates a signature with signs of retracing and pressure in
writing.
3. Simple forgery
Here, the forger will not attempt to produce a facsimile or exact outline of a genuine signature
but will merely sign in his own handwriting. The forger uses no model signature.
Figure 12 shows Mickey Mantle’s genuine signature at top center. The next signature,
middle center, is an attempt to imitate Mickey Mantle’s signature by means of simulation which
is created by copying an actual model or a mental image of a genuine signature.
The third signature, below center, is a traced signature executed by actually following the
outline of a genuine signature or overplaying a genuine signature and using transmitted light to
follow the line of writing (Source: see Bibliography).
Figure 11
Simulated and Traced Forgeries

Primary Signs of Forgery


1. Written at a speed that is markedly slower than the speed used for the genuine signature;
2. Frequent change of the grasp of the pen or pencil;
3. Blunt line endings and beginnings;
4. Poor line quality, with wavering and tremor of the line;
5. Retracing and patching;
6. Stops in places where writing should be free.
Besides the primary signs of forgery, it is also worth keeping in mind in the following
three features of forged signatures.
1. Any forgery will, of necessity, exhibit a considerable degree of similarity to the general run of
genuine signatures along the more obvious features of letter design.
2. Some forgeries will resemble at least one genuine signature in almost every detail. No two
genuine signature of any length are replicas of each other.
3. If any of the signs of forgery are present in a disputed signature, then the probabilities may be
in favor of that signature being a forgery, particularly if the genuine signatures show
carelessness, inattention to detail, freedom and speed, and provided that, in such case, there are
no external influences present, such as poor writing material or ill health, which could reasonably
account for the divergences in a disputed signature.
Identity of Forger
While it is often possible to express and justify a definite opinion as to whether a
signature is genuine or forged, it is rare that the identity of a forger can be established.
As forgery involves a double process on the part of the forger – discarding all his own
writing habits and at the same time, adopting the unfamiliar characteristics of another person’s
writing – the forger remains anonymous.
Gender of Writer
Contrary to common belief, there is no known reliable method of determining the sex of
the writer from an examination of the handwriting.

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CHAPTER 3 DOCUMENT EXAMINATION

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