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Questioned Documents Handouts

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0% found this document useful (0 votes)
40 views46 pages

Questioned Documents Handouts

questioned

Uploaded by

galagatemichael1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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NOTES

on
QUESTIONED DOCUMENTS

QUESTIONED DOCUMENTS:

One in which the facts appearing therein are not true, and are contests
either in whole or in part with respect to its authenticity identity, or origin. It
may be a deed, contract, will election ballots, marriage contract, check, visas,
application from, check writers, certificates, etc.

DOCUMENT

Any material containing marks, symbols, or signs either visible, partially


visible that may present or ultimately convey a meaning to someone. May be in
the form of pencil, ink writing, typewriting, or printing on paper.

a.) QUESTIONED DOCUMENT – Any document about which some


issue has been raised or which is under scrutiny, or of doubtful
origin.

b.) STANDARD DOCUMENT – Are condensed and compact-set of


authentic specimen which is adequate and proper, should contain a
cross section of the material form it source. They are used by the
document examiner as the basis for his identification or non
identification of the questioned document.

- in the case of People vs. Moreno, CA, 338 D.G. 119, a document is any
written document by which a right is established or an obligation is
extinguished.

- an in the case of People vs. Nillosquin, CA, 48 D.G. 4453, a document is


every deed or instrument executed by person by which some
disposition or agreement is proves, evidenced or set forth.

KINDS OF DOCUMENT:

Under the Philippine law, the following are the four kinds of document:

1. PUBLIC DOCUMENT – any instrument notarized by a notary public or


competent public official with solemnities required by law. (Cacnio vs. Baens,
5 Phil. 742)

2. OFFICIAL DOCUMENT – any instrument 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 – every deed or instrument 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,
evidenced or set forth. (US vs. Orera, 11 Phil. 596)

4. COMMERCIAL DOCUMENT – any instrument executed in accordance with the


Code of Commerce or any Mercantile Law, containing disposition of
commercial rights or obligations.

N.B.
- A private document may become a public or official document when it
partakes the nature of a public or official record. So if the falsifications
committed on such document, that is, when it is already a part of the public
record, falsification of public or official document is committed. However, if such
private document is intended to become a part of the public record, even
though falsified prior thereto, falsification of a public document is committed.

WRITINGS WHICH DO NOT CONSTITUTE DOCUMENTS:

- based on some Supreme Court Rulings:

1. A draft of a Municipal payroll which is not yet approved by the proper


authority. (People vs. Camacho, 44 Phil. 484)

2. More blank forms of official documents, the spaces of which are not filled up.
(People vs. Santiago, CA, 48 D.G. 4558)

3. Pamphlets or books which do not evidence any disposition or agreement are


not documents but are more merchandise. (People vs. Agnis, 47 Phil. 945)

QUESTIONED

- Any material which some issue has been raided or which is under
scrutiny.

QUESTIONED DOCUMENT

- Document is questioned because its origins, its contents, or the


circumstance and story regarding its production arouse suspicion as to its
genuineness or it may adversely scrutinized simple because it displeases
someone.

- Document is said to be questioned when it is disputed or attacked, either


in whole or in part as to its date or age, as to its source or origin, as to the
material used I n their production, and as to its relation in some other
document.

CLASSES OF QUESTIONED DOCUMENTS:


1. Documents with questioned signatures.

2. Questioned documents alleged to have been containing fraudulent


alterations.

3. Questioned on disputed holographic wills.

a. HOLOGRAPHIC WILL – will entirely written in the handwriting of the


testator.

b. NOTARIAL WILL - signed by the testator acknowledge before a notary


public with 3 witnesses.

4. Documents investigated on the question of typewriting.

a. with a view of ascertaining their source


b. with a view of ascertaining their date
c. with a view of 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 issued of materials used in their production.

7. Documents or writing investigated because it is alleged that they identify


some persons through handwriting.

a. anonymous and disputed, and


b. superscriptions, registrations and miscellaneous writings

SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT EXAMINATION:

A. Handwriting Examination
1. examination of signatures and initials
2. Examination of anonymous letters
3. hand printing examination

B. Typewriting examination

C. Examination of inks

D. Erasures, alterations or obligations, etc.

E. Counterfeiting

DOCUMENT EXAMINATION:
01. OBJECT

a. The object is to furnish the investigator in the field with sufficient


background information concerning document examination.
b. No attempt is made to provide detailed information sufficient to
quality the investigator as an expert document examiner.

02. VALUE –

a. In the commission of a crime, the criminal often finds it


necessary to employ one or more documents in furtherance of
his act.
b. In some crimes, such as forgery, the document is an integral
part of the crime.
c. In others, such as false claims against government, documents
often play an important part in proving the commission of the
crime.
d. Proof of the fact that a document was altered or made by a
particular individual may show that:

1. He committed the crime.


2. He had knowledge of the crime.
3. He was present in a certain locality at a specified time.

Evidence that a document was not made by an authorized individual or


machine may prove it to be fraudulent. Latent fingerprints on documents are of
great value to the investigator.

PURPOSE:

A document may be examined for a number of purposes including:

1. Identity of the author.


2. True contents of the document.
3. Origin of the instrument of paper used in making the document.
4. Alterations or erasures which have been made.
5. Authenticity of the document.

THE LOGICAL PROGRESS OF INQUIRY IN DOCUMENT EXAMINATION

A conscientious document expert must know that he first step in making


over a case to get the proper identification. The logical progresses of inquiry
are:

01. ASCERTAIN THE FACTS: to select “QUESTIONED”, “DENIED” or “ADMITTED”,


“AUTHENTIC”, and “DOUBTFUL” documents.
a. Concerning the Document in Questioned. Is only one signature in
questioned? Is any part of the document in question? Is the date of the
document in questioned?

b. Regarding the Standards:

1. Make sure that there are sufficient numbers of authentic documents


for comparison submitted. If there are inadequate standards, obtain
more

2. Determine whether the standards are authentic one, on which a


foundation can be built for admitting them in evidence.

02. ANALYZE THE DETAILS: Synthesize the elements, date, circumstances,


conditions, technical problems and the like.

a. The examiner of the questioned documents, after ascertaining the facts,


should have detailed information as to the circumstances of the document in
questioned, the condition of an alleged writer, or of any condition that may
have affected the writing or any facts that are part of the technical problem
with the document that is submitted to the expert. He should inquire about
the circumstances and conditions as for as the client knows, such as, the
document signed sitting on the wall, on the lap, or lying in bed? Sitting in
bed, lying on his back or side? For example a document could have been
signed in a moving automobile or while having a drink at the bar.

03. QUALITY THE CASE: How much time needed for the examination? Is it
possible to complete the study from the original papers, or is it necessary to
make special photo-enlargements for proper examination? If it is possible to
make arrangement with the client for photo-enlargement, is it advisable to
do so? Photo-enlargements are always useful for demonstrating the reasons
on which the opinion is based, especially in Court.

Scientific Method Questioned Document

The document examiner strives constantly for objectives and the


avoidance of personal bias. It orders knowledge, follows in logical sequences. It
classifies knowledge as the only systematic means to its organization and
deduction to matters of facts. If insist upon verification as the most reliable form
of proof. It utilizes observation or experimentation designed expressly toward
the control of variables. A scientific method therefore consist of the followings
processes:

1. Analysis – properties of characteristics observed or measured.

2. Comparison – Properties or characteristics of the unknown determined


though analysis are now compared with the familiar or recorded properties of
known items.
3. Evaluation – Similar 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.
The principle of identification required that when two items contain a
combination of corresponding or similar and specifically oriented
characteristic of such number and significances as to preclude that possibility
of their occurrence by mere coincidence and there are no unaccounted for
differences. It may be concluded that they are same in their characteristics
attributed to the same cause.

THE IMPORTANCE OF PRELIMINARY EXAMINATION OF QUESTIONED DOCUMENT

1. Cases are won or lost not go much so in the court room but in the attorney’s
or document expert’s office at the time of presenting and discussing the
result of the preliminary examination. As a matter of fact, preliminary
examination is the key to the final result.

2. Preliminary examination is not a misnomer, for in real consists of painstaking


analysis more than looking of document and expressing an of-hand opinion.

3. A questioned document does not always become a disputed document. A


document in question can be fraudulent in numerous ways. The problem
presented to the expert may arise from a slight suspicion or misleading
circumstances. It happens frequently that the experts find the document
valid and genuine.

4. The conscientious expert takes a case first only for preliminary examination.
If his conclusion or opinion based upon such examination, corroborates the
suspicion which prompted the examinations. If, on the other hand, the
preliminary report does not confirm what the lawyer or clients want to hear,
the matter will be ended then and there.

5. The danger of time element can jeopardize a case; hence, it is always


advisable to consult an expert for preliminary report as early as possible.

6. Regardless of the future date of the trial, as a common sense principle and a
basic requirement, the preliminary investigative step should be followed.

7. In a case concerning questioned or disputed documents, the results of the


preliminary investigation should be discussed at a confidential conference
between the attorney or client and the document expert. The objective
findings of the expert’s preliminary examination should be thoroughly
discussed and should consist mainly of:

a. The proper and fair conclusion concerning the collection of pro’s and
con’s;
b. Sufficient facts;
c. Essential reasons; and
d. Presentation and demonstration of proof and evidence.

8. It is safer to be disappointed by the result of the preliminary examination


than to lose a case in court due to lack of preparation. Remember that the
preparation of a case and the preliminary conference is not a “BATTLE OF
ADVERSARY”, but the assembling and developing of the true facts.

9. THE preliminary examination, if investigation of facts is thoroughly


conducted, is a practical aid to the preparation of the case, as it shown
clearly the points to be proved.

10. The expert’s assistance may ensure the support of key facts and his
reasons can be brought out by the attorney in cross examination to point
out the opponent’s contradictions. The expert’s information may be the
foundation of a settlement.

Principal points for consideration in the PRELIMINARY EXAMINATION of


questioned documents. Please note that these questions may not be applicable
in every case.

01. Is the signature genuine?


02. Is the signature in a natural position?
03. Are the signatures of the witnesses genuine and were they written in the
order as they appear?
04. Does the signature touched the other writings? Or was it written last?
05. Are there remains of pencil or carbon marks which may have been an
outline for the signature of other writings?
06. Is the signature shown in an embossed form on the back of the sheet?
07. Is the writings written before the paper was folded?
08. Is the signature written before or either the paper was folder?
09. Is more than one kind of ink used in the preparation of the document?
10. Are the several sheets of the document exactly the same sizes, thickness
and colors?
11. Is the paper corn, burned or mutilated in any way, and if so, for what
purpose?
12. Is the paper unnecessary soiled or crumpled?
13. Does the document contain abrasion, chemical or pencil erasures,
alterations or 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. Are the perforations agree with the stubs from which the alleged document
came?
20. If the document is a carbon copy, does it conform in the size, position, and
arrangement of maters with original letterheads?
21. If the document is a letter, does postmark, postage stamps, manner of
sealing and opening of 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 appears 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?

REASONS FOR UTILIZING A QUESTIONED DOCUMENT EXPERT:

1. By utilizing the services of a Questioned Document expert who is able to


develop facts and present evidence based on modern scientific methods of
examination, countless tragedies can be avoided.

2. Trial fiscal or judges are infrequently confronted with document cases.


Consequently, they do not possess the knowledge of the documents expert’s
ability of the various methods that exist for determining forgeries. Many
lawyer’s are unaware of exactly what a document examiner is capable of
doing and what he is able to determine from his detailed examination.

3. A qualified and experienced document expert can render a great variety of


services that are probably entirely now and unknown to most practicing
lawyers. The expert’s technical knowledge and its proper application can
provide the court with evidence that can change the outcome of the case.

4. If there is even the slightest doubt about the authenticity of a document and
the lawyer does not know how to establish the validity, an experienced
document expert, with his unique qualification, can assist the attorney in
discovering, assembling, and preparing the facts and in presenting the
proper evidence in an effective and convincing manner.

5. There are numerous instances where it would be imperative for the lawyer to
establish the validity of a document in the early stage of the case even
though there is no indication of any types of fraud. It is most necessary to
verify the genuineness of a document at the beginning of the case and to be
thoroughly and fully prepared for the trial well in advance instead of calling in
the expert in the last minute.

6. No matter what the document “LOOK LIKE”, what the client “THINKS ABOUT
IT” the lawyer should take precautionary stops to explore and discuss every
angle of the disputed document with the document expert.

THE DANGER OF OF-HAND OPINIONS:


01. A conscientious export should not be influenced to form an of-hand
opinion, no mater how urgent a case seems to be, no mater how a client
may influence him, no matter how much money sis being is being
offered for the “LATE HOURS ORS WORKING DURING THE WEEKEND”.

02. An expert can never afford to “just take a look” and express an opinion,
or opinion, or arrive at ANY conclusion. This is permissive only for a
layman.

03. An expert always needs time to make a painstaking and careful


examination needs enough time to use the necessary instruments and
optical tools; or time to make proper photo enlargements for the
examination and study of the case.

04. 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.

THE CARE OF DISPUTED DOCUMENTS AND DOCUMENTARY EVIDENCE:

01. It is a basic requirement, not only a common sense principle, that when a
document becomes disputed and deposited in court or with the attorney,
in order to maintain its original condition, it should be kept UNFOLDED
AND IN A SEPARATE, PROPER SIZE ENVELOPE OR FOLDER. This is true
not only for the disputed documents, but for many other important
documentary evidence.

02. It is also advisable and preferable in all instances that right after the
document becomes disputed, questioned or important, to make no only
the usual photo static copy, but also a proper photograph or photo-
enlargement, done it possible by the document expert or under the
supervision of the document expert.

03. When working in the preparation of case, it is often necessary for the
lawyer or court to handle repeatedly the disputed document. Should this
be necessary, instead of handling and working with the original
document, the photo-graph should be used.

04. Every touching, folding, refolding or pointing to certain parts of a


document, can change the physical condition of the case. For example,
touching with wet hands or dingers can leave marks that create a
suspicion of previous pencil marks, or experiments as proof of attempted
forgery.

05. Pointing a document with any other instruments, such as sharp stick, can
cause slight damage with although it can not be seen by the naked eye,
can show definite marks under the microscope or on the enlarged
photograph.
06. NO test should be made to alter the condition of the document; for
example, the old-fashioned ink test, which was used to determine the
age of the ink-writing.

07. Should any test be necessary, insist that it should be done in the
presence of a chemist, or in court, or in front of both parties involved the
case.

CARE AND PRESERVATION OF QUESTIONED DOCUMENTS

1. Preserve the document precisely in the condition in which it was originally


received.

2. Do not underscore, make careless markings, fold, erase, impress rubber


stamps; sticker, write on, or otherwise alter any handwriting.

3. Do not smear with fingerprints power or chemicals.

4. DO not carry handwriting document carelessly in wallet, note book or brief


case in grounds of interviews.

5. Do maintain in consequential document, unfolded and in transparent plastic


envelope or evidence preserver.

CARE, HANDLING AND PRESERVATION OF DOCUMENTS

Serious curtailment of a certain technical examinations are caused by


improper or careless of a disputed document. This conditions most frequently is
brought about by ignorance of the consequences of mishandling. The simple act
of repeatedly removing and replacing the letter in its envelope can cause a
notice able determination.

The following are the DO’s and DON’T’s in the CARE HANDLING AND
PRESERVATION OF DOCUMENTS:

DO’s

1. Keep the documents unfolded in prospective envelopes.


2. Take disputed papers to Document Examiner’s Laboratory at the First
Opportunity.
3. If storage is necessary, keep in dry place away from excessive heat strong
light.

DON’T’s
1. Do not handle dispute papers excessively or carry them in pocket for a long
time.
2. Do not mark disputed documents (either by consciously writing instruments
or dividers.
3. Do not mutilate or damage repeated refolding, creasing, cutting, tearing or
punching for filing purposes.
4. Do not allow anyone except qualified specialist to make chemical or other
tests; do not treat or dust for latent fingerprints before consulting a
document examiner.

A disputed document subject to scientific examination certainly deserves


better than average care. Yet only normal generally keeps a paper in good
conditions and prevents damage or deterioration between the times it first
comes under suspicion and when it is turned over to the document examiner.

Charred documents which are extremely fragile must be handled as little


as possible and transporting them to the laboratory required extra-ordinary
care. With forethought and caution they can be brought from the distant fire
scene to the laboratory.

Charred document should be moved in the container in which they are


found whenever possible. When the fragments art not packed tightly, they
should be padded with lightweight absorbent cotton. If jarring can not be
entirely eliminated jarring the box must be kept to a minimum. Transferring the
fragments to another container should be done by an experienced person. No
attempt should be made to unfold the burnt papers or to flatten curled sheets.
Decipherment of a charred document which has been shattered into small
fragments is almost impossible.

Thus every precaution must be taken in handling and transporting the


charred residue in order to prevent the large pieces from becoming
unnecessarily and badly broken. The fragment must be hold firmly without
crushing and present movement or shifting when finally packed in a sturdy
container.

HANDWRITING IDENTIFICATION AND EXAMINATION:

DEFINITION OF TERMS:

HANDWRITING – It is the result of a very complicated series of acts, being used


as whole, combination of certain forms of visible mental and muscular
habits acquired by long, continued painstaking effort.

NATURAL HANDWRITING – any writing executed normally without any attempt to


control or alter its identifying habits and usual quality of execution.
DISGUISED WRITING – a writer may deliberately try to alter his usual writing
habits in hope of hiding his identity, writing skill is poorer, change in slant,
size, altered of capital letters.

STOKE – series of lines or curves written in a single letter.


– one of the lines of an alphabet or series of lines or curves within a
single letter.
– The path traced by the pen on the paper.

STROKE STRUCTURE – are series of lines or curves within the letters o the
alphabet.

TERMINOLOGY CONCERNING STROKED CHARACTERISTICS

01. ARC – a curved formed inside the top curve of loop, as in small letters “h”,
“m”, “n”, “p”.

02. ARCH – any arcade form in the body of a letter found in small letters which
contain arches.

03. ASCENDER – is the top portion of a letter or upper loop.

04. BASELINE – maybes actually on a ruled paper, it might be imaginary


alignment of writing.

- Is the ruled or imaginary line upon which the writing rests.

05. BEADED – preliminary embellished initial stroke which usually occur in


capital letters.

06. BEARD – is the rudimentary initial up stroke of a letter.

07. BLUNT – the beginning and ending stroke of a letter.


(Without hesitation)

08. BODY – The main portion of the letter, minus the initial of stroke. Terminal
strokes and the diacritic, of any. Ex: the oval of the letter “O” is the body,
minus the downward stroke and the loop.

09. BOWL – a fully rounded oval or circular form on a letter complete into “O”.

10. BUCKLE/BUCKLEKNOT – a loop made as flourished which is added to the


letters, as in small letter “k & a”, or in capital letter “A”, “K”, “P”.

– The horizontal end sloop stroke that are often used to complete a letter.

11. CACOGRAPHY – a bad writing.


12. CALLIGRAPHY – the art of beautiful writing.

13. DESCENDER – opposite of ascender, the lower portion of a letter.

14. DIACRITIC – “t” crossing and dots of the letter “i” and “j”. The maters of the
Indian script are also known as diacritic signs.

– An element added to complete a certain letter, either a cross bar or a


dot.

15. ENDING/TERMINATE STROKE OF TOE – the end stroke of a letter.

16. EYE/EYELET/EYELOOP – a small loop or curved formed inside the letters. This
may occur inside the oval of the letters “a, d, o”.

– The small loop form by stroke that extend in divergent direction as in


small letters.

17. FOOT – the lower part which rest on the base line. The small letter “m” has
three feet, and the small letter “n” has two feet.

18. HABITS – any repeated elements or details which may serve to individualize
writing.

19. HESITATION – the tem applied to the irregular thickening of ink which is
found when writing slows down or stop while the pen take a stock of the
position.

20. HIATUS/PEN JUMP – a gap occurring between a continuous stroked without


lifting the pen. Such as occurrence usually occurs due to speed. The hiatus
may also be stated as pen jump.

– May be regarded also as special form of pen lift.


– Maybe regarded as a special form of pen lift distinguish in a ball gaps in
the appear in the writing.

21. HOOK – it is a minute curve or a ankle which often occurs at the end of the
terminal strokes. It is also sometimes occur at the beginning of an initial
stroke. The terminal curves of the letter “a”, “d”, “n”, ‘m”, “p”, “u”. is the
hook. In small letter “w” the initial curve is the hook.

– The minute involuntary talon like formation found at he commencement


of an initial up stroke or the end terminal stroke.

22. HUMP – upper portion of its letter “m”, “n”, “h”, “k”
– The rounded outside of the top of the bend stroke or curve in small
letter.

23. KNOB – the extra deposit of ink in the initial and terminal stroke due to the
slow withdrawal of the pen from the paper (usually applicable to foundation
pen).

24. LIGATURE/CONNECTION – the stroke which connects two stroke of letter.

– characterized by connected stroke between letters.

25. LONG LETTER – those letters with both upper and lower loops.

26. LOOP – An oblong curve such as found on the small letter “f”, “go” “l” and
letters stroke “f” has two. A loop may be blind or open. A blind loop is
usually the result of the ink having filled the open space.

27. MAJUSCULE – a capital letter.

28. MINUSCULE – a small letter.

29. MOVEMENT IMPULSES – this refer to the continuity of stroke force writing is
usually produce by disconnected and broken movement more motion or
movement impulses than genuine writing.

30. OVAL – the portion of the letter which is oval in shape. The small letter
stroke. “a”, “d”, “g”, & “q” contain oval letter “a”, “t”, while coming down
………………

31. PATCHING – retouching or going back over a defective portion of a written


stroke. Careful patching is common defect on forgeries.

32. PEN LIFT – an interruption in a stroke caused by removing the writing


instrument from the paper.

33. RETRACE/RETRACING – any part of a stroke which is super imposed upon the
original stroke. Ex: vertical stroke off the letter “d”, “t” while coming
downward form the top to bottom will have retracing strokes.

– 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.

34. SHOULDER – outside portion of the top curse, small letter “m” has three
shoulders and the small letter “n” has two, the small letter “h” has one
shoulder.

35. SPUR – s short initial or terminal stroke.


36. STAFF – any major long downward stroke of a letter than is the long
downward stroke of the letter “b”, “g”.

37. STEM OR SHANK – the upright long downward stroke that is the trunk or
stalks, normally seen in capital letters.

38. TICK/HITCH – any short stroke, which usually occurs at the top of the letters.

39. TREMOR – a writing weakness portrayed by irregular shaky stroke is


described as writing tremor.

OTHER TERMS RELATED TO HANDWRITING EXAMINATIONS

01. ALIGNMENT – is the relation of parts of the whole of writing or line of


individual letters in words to the baseline. It is the alignment of words. The
relative alignment of letters.

02. CHARACTERISTICS – is any properly or mark which distinguish and in


document examination commonly called to as the identifying details.

KINDS OF CHARACTERISTICS:

CLASS CHARACTERISTICS – not all characteristics encountered in document


examination are peculiar to a single person or thing and one which is
common to a group may be described as class characteristics.

INDIVIDUAL OR PERSONAL CHARACTERISTICS – Characteristics which is highly


personal ors peculiar and it is unlikely to occur in other instances.

03. COLLATION – side by side comparison.

– Collation as used in this text means the critical comparison on side by


side examination.

2. Standards writings admitted

– It the party whom a handwriting standard is to be admits the geniuses of


the standard, the could hold that further proof of genuineness is
unnecessary.

3. record Maintained in Regular Courses of Business as Standard Writings

– Generally, the context of record maintained in the regular course of


business are admissible as an exemption to the hearsay rule, as proof of
their contents.
– However their acceptance as such not in itself establish the writings as a
standard for comparison, Circumstantial evidence, particularly in civil
cases, has been held to be sufficient for comparison.

4. Government Document as standard Writings

– Signatures of government officials on document treated as authentic


and produced from official archives maybe admitted in evidence as
standard of comparison whether being as issued as to the forgery oft the
signature of the same persons on other documents.

5. Ancient Writings

– The courts have admitted writings on ancient document as standard for


comparison.

6. Other Writing Standards

– Among writings admissible as standard are signature on spelling motion


or other instruments, such as an appearance bond, which may without
further proof of genuineness be used as a standard.

7. Familiarity Sometimes establish writings

– Testimony to the genuineness of a collection of standard of writing by


witnesses who are familiar with a person’s handwriting.

8. Opinion Evidence

– the court seem to be in general agreement that proof of the


genuineness of a standard cannot established by the opinion of experts
testifying from a comparison of the writing sought to be used as
standard with another writing.

9. Genuineness of standard decided by court

– The sufficient of the proof of the genuineness of a standard of writing is a


matter to be decided by the court.

HOW TO PREPARE AD COLLECT HANDWRITING STANDARDS

1. The amount of Standard written.


a. Signature – five to twenty five
b. Writing – usually four or five pages of natural writing.
2. Similarly of Subject Matter.
a. Compare conventional copy book from with conventional copy-book
form standard; and compare highly individualized questioned signature
with highly individualized standards signatures.
b. Extended writing – Determine whether the questioned writing is purely
cursive, or script, or block, or combination of the three or two styles of
writing.

3. Relative Dates of the questioned and the standards writing standard


signatures or writing must be those written five (5) yeas before or five (5)
after the date of the questioned signature or writing.

4. Condition under which both the questioned and the standard are prepared.

a. Paper rested on the knee


b. Standing
c. Sitting
d. Lying down
e. Moving vehicle

– The document examiner must make a brief investigation into the


condition under which a document was written.

5. Writing Instrument and Paper

a. Paper – Determine whether the questioned writing was written in the


ruled pad paper or plain paper.
b. Writing Instrument – Determined whether the questioned writing was
written in ball point pen, fountain pen, etc.

For Requested and Dictated Standards

1. Material must be dictated to the suspect or suspects


2. Carefully selected the dictated that. Do not dictate the entire content of the
anonymous letter.
3. Adequate amount of writing must be included.
4. Some portion of the dictation should be repeated at least three times.
5. Writing instrument and paper should be similar to those used in preparing
the questioned document.
6. The dictation should be interrupted at intervals.
7. Normal writing conditions should be arranged.

As mush as possible the combination of the collected and requested


standards must be used in the comparison in order to obtain an adequate and
accuracy of the opinion.

What are the indications of disguise in writing? The more common disguise are
the following:
1. Abnormally large writing
2. Abnormally small writing
3. Alteration in slant (usually backhand)
4. Usually variation in slant within a single unit of writing (with in a single
signature)
5. Printed forms instead of cursive forms
6. Diminution in the usual sped of writing
7. Unusual widening or restriction of lateral spacing

Kinds of Disguises:

1. Change of slant – from right to left or vice versa.


2. Change of letter, either from cursive to block style or vice versa.
3. Change from cursive (conventional style) to block form or vice versa.
4. Change of style from small to big or vice verse.
5. Deteriorating one’s handwriting.
6. Using the wrong hand (AMBIDEXTROUS).

Evidence of Alcoholic Intoxication in Handwriting includes:

1. Bizarre letter forms


2. Greatly enlarged writing
3. Illegible forms and writing generally
4. Uneven baseline
5. Meaningless blobs or extraneous stroked in the writing
6. Inconsistency in slant of writing
7. Inconsistency in the form of repeated letters

Importance of Contemporaneous Standard:

For the reason that characteristic and qualities of handwriting gradually


change with many writes, the alleged date of a writing in question and the
actual date of all standard writing should be known, because of this possibility of
change the standard always should include all that the available within a certain
definite period, including that item when it is claimed the questioned writing was
written.

If it is alleged that writing was produced under unusual surrounding of any


kind, this fact should be known by the examiner. If the writer was subjects to
unusual changes in physical or mental condition due to age, disease or personal
habits, or through and cause, this facts also should be known. Certain general
qualities in handwriting necessarily are affected by conditions of the writer or
surrounding the writer and often it is necessary to determine whether the
written results are in harmony with alleged condition.

Handwriting Identification
Principal of Identification:

When any two specimens of handwritings contain a combination of


corresponding or similar and specifically oriented characteristics of such number
and significance as to preclude the possibility of their occurrence by more
coincidence, and there are no unaccounted for difference, it may be concluded
that they are similar in writing characteristics and therefore written by one and
the same person.

Writing as a whole is a combination of certain forms which are the visible


result of a series of controlled successive movement that follows the fixed
grooves of habits.

These writing habits like habits of speech become so automatic and


unconscious that even by the most strenuous effort, it is almost impossible to
change them. It is one of the most permanent of human habits.

Every developed and mature handwriting shows peculiarities which is


combination of all various and their cannot be exactly duplicated in the writing
of any other person.
General Characteristics

These characteristics refer to those habits are part of basic writing system
or which are modifications of the system of writing found among so larges a
group of writes that have only slight identification value.

They might include an open top small letter “t” which occur in any rapid
careless writings, proportion of all letters to medium letters, slant connection
and combination of letters

General similarities can certainly for a part of the basic identification but
here must be a very unique combination of them and of individual or personal
writing indicate the class or genus or the difference that does not differentiate
maybe prove lack of guanines.

Individual Characteristics:

They are characteristics which are the result of the writer’s muscular
control, coordination, age health, and nervous temperament, frequency of
writing, personality and character. No two persons write alike. They are found in
the following:

1. Writing movement – the character of writing movement is a primary


determinant of writing speed. It makes more time to make a long one. More
time to form a small solid letter than a form a large “racy one”. A short,
steady line suggests a firmly controlled and purposeful movement. A
feather edged “broken line” suggest a slowly executed movement.
2. Form and design if letters – all differences in forma and design of letter are
indicative of non-identity.

Similarities of form are not indicative of identity they concern unusual


forms or what are termed deviations from the normal. Similarities are bound to
occur in different writing but such similarities exist only in letters which are
normal in from, which facts bear no significance

Those which occur only occasionally are next importance. The writing
patterns of letters has three dimensions, width, depth, height.

3. Muscular control or motor control – is characterized by free smooth, well


regulated movement produced without tension or impulsive variation.
Deviation from through motor or muscular control are:

a. Loose writing

- This is characterized by too much freedom of movement and lack of


regular. This is noticed especially in tall letters forms.

b. Restrained writing

- There is lack of freedom and inhibited movements. It gives you the


impression that every stroke was made with great difficulty. This writing
is small. There is distortion of letter forms which may lead to illegibility.
However small writing is not always evidence of restrained movement
fatigue during long periods of writings. True full-arm movement can be
employed only under rather ideal conditions such as while sitting at a
clean table or desk.

4. Motor Coordination – the efficient way which the various muscles writing
work together to produce written forms. A writer with a good motor
coordination writes without mental strain, forming his letters without
conscious attention. The hand moves as soon as the mind conceives a word
to write and the word is there on the paper. There are times when one set
of muscles do not properly yields to the pressure of the other set muscles
especially at junction and the conflict hinders the normal flow of the pen.
This disco-ordination of writing muscles leave a distinct mark which is
visible under magnification. Two writers of the same class may not have
equal coordination or disco ordination their writings. Each write has his own
with regard to alignment and the relative position of the letters.

Faculty coordination ids characterized by the following:

(a) Wavering and very irregular line or stroke with uncertain and unsteady
progress. There is no freedom of movement along the strokes of the letter-
forms. The writing is obviously very slow and is typical of the writing of a
young child or for any one who painstakingly draws a picture of an
unfamiliar form.

(b) Angular Line – a very common fault of coordination. Curves, large and small
are not smoothly rounded and there is no gradual change of direction. On
the contrary, and angle marks almost every change are direction in the line.
Investigation has disclosed that angles are accompanied by a lessening of
writing speed.

5. Shading – In forearm movement where considerable speed is used, there is


ordinarily but slight shading if any. The shading impulse here is distributed
over a considerable length of the line whereas I writing produced with a
slow motion as in the finger movement the shading often has a “bunchay”
appearance that is to say, the maximum width of the shaded line is
attained abruptly. The shading impulse is firmly grounded and difficult to
overcome. It is basic of its degree and location. Some writers place the
greatest emphasis on the straight strokes, others on the curves.

6. Skill – legibility and symmetry are the basis upon which ones skill or
pictorial aspect is judged. Skill is classified as poor, medium and good.

7. Alignment – good alignment is obtained by a forearm movement in which


the elbow joint is used as the center or pivot of lateral motion and arm is
held at right angles to the line or writing. This set-up allows the hand and
forearm to swing left or right in an arc and also permitting the forearm to
rotate so that the palm may be turned downward or upward.

8. Pen – pressure – one of the most reliable indication of naturalness in


handwriting is the rhythmical and fluent application of pressure and release
of pressure, This indicate that pressure is always in a state of change
moving form light to heavy or form to light.

9. Connection – the connective form determine the essential expression of the


writing pattern. It is the main indicator of his neuromuscular function.
Connections used may be rounded like the garland and the arcade, angular
and threads. They form the letter and ink them within the words.

10. Pen hold – This location of the shading can give clue to how the fountain
pen is held. If the pen is held pointing to the right shoulder, shading appear
fairly high or long the sides of, circular form. This is shown in small letter
“d” .If the pen is held pointing away from the right shoulder, shading tends
to appear at the top and the bottom of circular formation such as small
letter ”o”, ”a”, and “d”

11. Rhythm – This characteristic’s is an importance indicator of a natural


writing movement. It is caused by a contraction and relaxation of group of
muscles in full coordination. Pressure is always in a state of change from
light to heavy or vice – versa.
12. Disconnections or pen lifts between letters – this characteristic’s may be
due to lack of movement control or closely related to design of letters and
habits controlling this characteristics were acquired when writing was
learned. Many free writers don’t stop the notion of the pen every time it is
raised so that the notion itself may be learning to write are taught to take
up the pen before the small letters “a” , “c” ,’ “d” , “g” , “q” and “t” and the
design of certain styles of the these small letters requires that the pen be
raised.

13. Speed – sped of writing which is correlated with naturalness of handwriting


is frequently shown by slurring of letter forms.

Indication of speed writing:

(a) Smooth, unbroken strokes and rounded forms.


(b) Frequent sings or tendencies to the right.
(c) Marked uncertainly as to the location of the dots of small letters “I”, “j”
and crosses of small letter “t”
(d) Increased spontaneity of words or small letter “t” connected with the
following words.
(e) Letters curtailed or degenerated almost to illegibility towards the end
of the words
(f) Wide writing- width of letters is greater than the connecting spaces
adjoining it.
(g) Great difference in emphasis between up strokes and down strokes.
(h) Marked simplification of letters especially capital letters.
(i) Rising line
(j) Increased pen pressure
(k) Increase in the margin to lift at the beginning of the line.

Indication of slow writing:

(a) Wavering forms and broken strokes


(b) Frequent signs or tendencies to the left
(c) Conspicuous certainly as to the location of the dots of small letters “I”,
“J”, or “t” crosses with scarcely perceptible deviation from the
intended direction.
(d) Frequent pauses by meaningless blobs, angles, divided letters and
retouches.
(e) Careful execution of detail of letters, toward the end or names.
(f) Narrow writing
(g) No difference in emphasis in upstroke and down strokes
(h) Ornamental or flourishing connections
(i) Sinking lines

14. Slant as a writing habit- under certain conditions, slant becomes highly
significant and with many writers in one of the most fixed with habits. Slight
divergence in the few strokes of single signature may be very strong
evidence of lack of genuineness when such divergence is part of a
combination of character pointing to a writer of a difference system of
writing from that imitated. A slight but persistent difference in slant in two
writings of considerable length, may be evidence difference might be the
result of intended disguise.

15. Proportion of letters as an individual characteristic or habit. This


characteristic refer to the proportion of the upper and lower loops of capital
and small letters and the medium letters.

16. Quality of stroke or line quality- the line or stroke itself in writing shows the
quality of speed and continuity of motion with which it is made, the degree
of muscular skill employed in the operation, the relation of the pen point to
the surface of the paper, the nature of the movement employed in making
the stokes as shown by its force and freedom or its hesitation.

17. Variation – there are trivial or superficial differences which can be observed
when any two genuine signature or writings are compared with each other.
These writings will differ somewhat in size as well as in certain unimportant
particulars in design and execution because of the fact that the human
writing mechanism is not an entirely accurate reproducing instrument like a
stamp print but produces and inevitable variation within a certain filed. The
degree of this variation varies with different writers.

Causes of Variation:

a. Function of some external condition i.e., influence of the available space.

b. Abnormal conditions such as physical injury, toxic effects inebriation’s


emotion and deception.

c. Position of letter – all the letters are to be found initially, medially, and finally.
The fact of different position especially in combination with another and
particular letters may modify any of them in some way or another.

Individual Characteristics or Habits

These individual characteristics can still be classified into the following:

a. Permanent characteristics – this characteristic’s can be found always in the


handwriting.

b. Common or usual – this characteristic can be found in a group of writers who


studied the same system of writing.

c. Occasional _ this characteristic’s is only found occasionally in the


handwriting.
d. Rare – this characteristic is special to the writer and perhaps found only in
one or two persons in a group of one hundred individuals.

Fundamental Law as which govern the conclusion in handwriting identification


problem:

(a) A signature naturally and genuinely written under normal condition contain
all of the individual habits of the writer’s signature which are put into it in a
way that is consistent with his writing ability and the writing quality of the
signature.

(b) A signature is fraudulent if it contains habits, qualities or elements which are


significantly different from genuine signature written under similar
conditions.

Probative Value of Writing Characteristics

It is impossible to illustrate and define all the thousands of actual and


possible individual qualities and characteristics of writing and weight and
measure their comparative values for the reason that these values differ greatly
with different writers and the varying conditions. It is very important to have an
understanding of the principles by which the principles by which the force and
significance of characteristics are to be measured.

Some general principles can be state that apply in most cases:

(a) Those identifying or differentiating characteristics are of the most divergent


from the regular system or national of a particular handwriting under
examination.
(b) Those repeated characteristics which are inconspicuous should first be
sought for and should be given the most weight, for these are likely to be
unconscious that they would not intentionally be omitted when the attempt is
made to disguise and would not be successfully copies from the writing of
another when is attempt.

(c) Ordinary system or national features and element are not alone sufficient
characteristics necessarily have as evidence of identity as stated above, it
present in sufficient number an din combination with individuals qualities
and characteristics.

Correct Conclusion:

To reach the conclusion that two writings are written by the same hand,
characteristics or “dents” and scratches” in sufficient to exclude the theory of
accidental coincidence; to reach the conclusion that wrings are by different, we
may find numerous likeliness in class characteristics but divergences in
individual characteristics or may find divergences in both the divergences must
be something more than mere superficial difference.

If the conclusion of identifying is reached, there must not remain


significant differences that cannot reasonably be explained. This ignoring of the
differences or the failure properly to account for them is the cause of the errors
in handwriting identification.

A Document examiner usually observes a scientific approach in the


examination of the disputed writing. The possibility that handwriting being
identifiable and separated from others largely depends on any individuals who
have developed the complex structural product of modifying normal practice
and adopting to the needs and abilities. Although there is no specific approach,
the following are always observed.

A. Recognition of handwriting characteristics – One must acquire the ability to


distinguish what are the style and individuals characteristics. Distinguish
characteristics which are normal and disguise.

B. Comparison of handwriting characteristics – Make allowance to the presence


of natural variation in handwriting.

C. Evaluation of handwriting characteristics for opinion purposes. Evaluate the


significance and number of similarities and dissimilarities in handwriting.

Examples of Common characteristics

a. Ordinary copy-book form


b. Usual systematic slant
c. Ordinary scale of promotion or ratio
d. Conventional spacing

How individual characteristics are acquired

a. Outgrowth of definite teaching


b. Result of imitation
c. Accidental condition or circumstances
d. Expression of certain mental and physical trains of the writer as
affected by education, by environment and by occupation.

Examples of some of the individual characteristics

a. Hook to the right and hook to the left


b. Shape, position, size and angle of “1” dots “t” crossing
c. Idiosyncrasies
d. Bulbs and distinctive initial and final pen pressure
e. Embellishment, added strokes and free movement endings
f. Abbreviation of letters
g. Simple and compound curves and graceful endings
h. Labored movement producing ragged lines
i. Terminal shadings and forceful endings
j. Presence and influence of foreign handwriting, with the introduction of
Greek “e”

MOVEMENT OR MANNER OF EXECUTION

1. Kinds of movement
a. Forearm
b. Whole Arm

2. Quality of movement
a. Clumsy, Illiterate and halting
b. Hesitating, and painful due to weakness and illness
c. Strong, heavy and forceful
d. Nervous and irregular
e. Smooth, flowing and rapid

3. Speed
a. slow and drawn
b. deliberate
c. average
d. rapid

4. Different movements employed affect writing in:


a. Smoothness
b. Directness
c. Uniformity
d. Continuity of strokes
e. Connecting or curves between letters

POINTS TO CONSIDER IN EXAMINING EXTENDED WRITING


(Anonymous, threat, poison letter)

1. Uniformity – Does the questioned writing have smooth, rhythmic and free-
flowing appearance

2. Irregularities – Does the questioned writing appear awkward, ill-formed


slowly drawn?

3. Size and Proportion – Determine the height go the over-all writing as well as
the height go the individual strokes in proportion to each other.

4. Alignment – Are they horizontally aligned, or curving, uphill or downhill.

5. Spacing – Determine the general spacing between letters, spacing between


words. Width of the left and right margins, Paragraph indentions.
6. Degree of Slant – Are they uniform or not.

7. Formation and Design of the letters, “t” – bars, “l” dots, loops, circle
formation.

8. Initial, connecting and final strokes.

HANDPRINTING:

The procedure and the principal involved is similar to that of cursive


handwriting, the different steps in the preparation of both collected and
requested standards should be applied in this problems which is a determination
of the author of questioned hand printed writings.

Specimens must be hand printed and reflect the style of printing


habitually used by the writer. Instructions should be given to print capitals, and
small letters. At least the investigator should obtain about ten sheets of paper
containing the subjects handwriting. The materials of course should
approximate the materials used in the questioned hand printed document.

In block capital and manuscript writings, personal individual rest


principally in design, selection, individual letter construction, size ratios and
punctuation habits. The initial step in handwriting examination is to determine
whether the questioned hard writing and standards were accomplished with

1. a fluency of movement and a certainly of execution


indicative of familiar with and a measure or skill in handwriting of conversely.

2. a conscious mental effort and non-rhythmic


execution denoting either unfamiliarly with or disguise in the subjects
handwriting.

INVESTIGATION AND DETAILED EXAMINATION OF SIGNATURES

SIGNATURE

- Is the name of the person written by him/her in a document as a sign


of acknowledgement.

FORGERY – Forgery is, strictly speaking, legal term which involves not only a
non-genuine document but also and intent room however, it is used
synonymously with fraudulent signature or spurious document.

SPURIOUS SIGNATURE – A Fraudulent signature in which there was n o apparent


attempt at stimulation or limitation. It is a common form of forgery
encountered at stipulation or limitation.
TRACED FORGERY – Any fraudulent signature which was executed by actually
following the outline of a genuine signature with a writing instrument.

SIMULATED OR FREEHAND IMITATION FORGERY – a fraudulent signature which


was executed purely by simulation rather than by tracing the outline of a
genuine signature can be referred as freehand imitation or simulated
forgery.

ANACHRONISM – the sometimes wrong is time and in place.


-this means that the forger has trouble matching the paper, ink, or writing
materials to the exact date it was supposed to have been written.

SIGNATURE – THE name of a person written with his own hand in a document as
a sign of acknowledgement.

GUIDED SIGNATURES – A signature which is executed while the writer’s hand or


arm is steadied in any way is classified as a guide or assisted signature.
Under the law of most jurisdictions such as a signature authenticates a
legal document, provided it show that the writer requested assistance.
Guided Signature are most commonly written during a serious illness or
on a deathbed.

DEFINITION OF SIGNATURE:

A name or a mark that a person puts at the end of a document to attest


that he is its author or that he ratifies its contents. Many persons who done a lot
of writing transform their name. Letters become simplified or condensed,
complex movement appears. This is now a signature. It is mark but this mark is
now personal. It is personal combination of stroke in which it is possible to
recognize the writer.

Signatures should be considered not just from the point of view whether
there is any difference whatever. The problem is to form a judgment first about
the normal range of variation in the standard and then to consider whether the
questioned signature has significant similarity and whether any difference you
observe is within the range of normal variation established by the standards or
whether variations shown by several signatures.

THE EXAMINATION OF SIGNATURE IS CONSIDERED A SPECIALIZED BRANCH OF


HANDWRITING IDENTIFICATION FOR THE FOLLOWING REASONS:

01. A signature is a word most practiced by many people and therefore most
fluently written.

02. A signature is written with little attention to spelling and some other details.

03. A signature is written with little attention to spelling and some other details.
04. A signature is word written without conscious thought about the mechanics
of its production and is written automatically.

05. A signature is the only word the illiterate can write with confidence.

A. Genuine Signature which the written refuses to admit not genuine.

Generally, the indications of forgery are the presence of tremors,


retouching, and poor-line quality, when this are not present, but instead the
obvious feature are the one absent, and provided that the minute details are
presents or correctly reproduced.

Produced, the probability is of genuineness

B. Genuine Signature – Deliberately Modified

Examination of this kind of signature is confident discover that the


modification is only on the prominent features of the letter designs that are
pointed out by disclaimer, while the rest appear to be normal. There are
unnatural tremors and retouching. The minute details in genuine signatures are
present.

C. Forged signature without the attempt to a copy a genuine model known as


spurious

This kind of forgery is easily detected as fraudulent in view of the fact that
it is widely different from the other genuine signature even in general
appearance alone. The only question is to tackle the determination of the
probably writer of the forgery. Seldom are these fraudulent signature disguised.

D. Forged signature produced by tracing

The obvious fault of this kind of forgery is the presence of tremor, retouching
the poor line of quality. This is not handwriting in the real, since but is
drawing.

E. Simulation or Free – hand forgery

There are however, simulated forgeries written by experts forgers which


are passed as genuine, safely because the untrained eyes arts only suitable to
judge the signature by the general appearance or pictorial effects, but none of
the minutes.

SUGGESTED STEP IN THE EXAMINATION OF SIGNATURE


Signature in documents must be examined exhaustively and scrutinized in
every details to avoid error in judgment.

The difference between the layman’s observation and those with special
training in questioned documents examination lies on gross features in the
signatures, while the letter makes an exhaustive study of the minute details.

STEP 1 – Place the questioned and the standard signatures in the junta-position
or slide-by-side for simultaneous viewing of the various elements and
characteristics.

STEP 2 – The first elements to be considered is the handwriting movement or


the manner of execution (slow, deliberate, rapid, etc). the fundamental
difference existing between a genuine signature and an almost perfect
forgery is in the manner of execution.

STEP 3 – Second elements examine is the quality of the line, the presence or
tremors, smooth, fluent or hesitation. Defect in line quality is only
appreciated when simultaneous viewing is made.

STEP 4 – Examine the beginning and ending lines, they are very significant,
determine whether the appearance blunt, club-shaped, tapered
or/vanishing.

STEP 5 – Design and structure of the letters – Determine as to roundness,


smoothness, angularity and direction. Each individual has a different
concept of letter design.

STEP 6 – Look for the presence of retouching or patching.

STEP 7 – Connecting strokes, slant, ratio, size, lateral spacing.

STEP 8 – Do not rely so much in the similarity or difference of the capital letters,
for theses are the often changed according to the whim of the writer.

Characteristics principles can be stated that supply most cases:

(a) Pen pressure – the most unusual habit is the pulsation or pressure in the
longer looped from such as in the “g” and “y”. In this lower extensions,
there is first an application of pressure but before the pen reaches the
bottom of the loop this pressure gradually diminishes and is applied again
on the rising stroke.

(b) Movement

(c) Proportion

(d) Unusual distortion of the forms of letters


(e) Inconspicuous characteristics

(f) Repeated characteristics

(g) Characteristics written with speed

Indication of Genuineness

1. Carelessness
2. Spontaneity
3. Alternation of thick and thin strokes
4. Speed
5. Simplification
6. Upright letters are interspersed with slanting letters
7. The upward strokes to a threadlike tracing
8. Rhythm
9. Good line quality
10. Variation

Three Classes or forged Signatures:

Simulated signature – the free hand drawing in imitation of model signature.

(a) Simulated with the model before the forger – He makes an effort to obtain
a reproduction of the model signature. He works slowly, strokes after
stroke.

1. Direct technique – forger works directly with ink


2. Indirect techniques – forger work first with pencil and afterwards covers
the pencil strokes with ink.

(b) Simulated free hand forgery – Used by forgers who have a certain skill in
writing. After some practice, the forger tries to write a copy of the model
quickly.

Traced Signature – a tracing of a genuine signature outline.

(a) direct tracing – copy is made transmitted light.


(b) Indirect tracing – forger use a carbon paper and place document on which
he will trace the forged signatures under the document bearing the model
signature with carbon between the two.

Types of traces signatures:

(a) Carbon Process:


The forger places the document to be forged on the bottom, inter-leave a
piece of carbon and places on top a document containing the genuine signature.
The forger then traces over the genuine signature with pencil, pen stylus, or
other pointed instrument.

The pressure of this over-tracing against the carbon paper imprints the
signature outline in carbon on the bottom document. This type could be easily
detected by the smattering of carbon remnants on the forged document.

(b) Indentation Process:

The document containing the model signature is placed on top of the


forged document. The forger traces with considerable pressure, over the
genuine signature using a pencil, pen stylus or similar instrument and creates
an indented signature outline on the document being forged. Alter this
depression outline is overwritten using pencil, or foundation pen.

(c) Transmitted light process:

The document to be forged is placed on top of the document containing


the genuine signature.

Simple Forgery – Forgery does not try to copy a model but writes with
something resembling we ordinarily call a signature. For this he used a
false name and makes a rapid stroke, disturbing his usual writing by
adopting a camouflage called disguise.

Forgery by means of stamped facsimile of genuine signature or model.

Some individual very often use a stamped facsimile of their signature.

Indications of Forgery: Simulated and Traced

1. Tremulous and broken connecting stroke between letters, indicating


points at which the writer has temporarily struck.

2. No rhythm

3. Carefulness or unusual care and deliberation

4. No contrast between upward and downward strokes

5. Slow writing – angular writing

6. Blunt beginning and endings

7. Placement of diacritical marks just over the stem of letters.


8. Absence of spontaneity – lack of smoothness of letters

9. Restrained writing – there is lack of freedom or “inhibited”


movements. It given the impression that every stroke is made with
great difficulty. This writing is small.

10. No variation

Indications of Simple Forgery – Writing habits of the write which include his
general and individuals characteristics.

Indications of Forgery by Means of Stamped Facsimile of a Genuine Signature:

1. flat stroke

2. no contract between upstrokes and down strokes

3. deposit of ink at the junction of two strokes or where two stroked cross
each other.

4. no variation – all signature will superimposes over each other.

WRITING MATERIALS [PAPER] IN QUESTIONED DOCUMENT:

One of the subjects of inquiry in questioned document is the writing


material used. The common (probable) questioned on paper is its AGE, whether
the actual age of the paper corresponds with the alleged date of preparation of
the questioned document.

To fully understand the principles of tracing the age of the writing


materials used in questioned documents, it is imperative for a questioned
documents examiner to be aware of the evolution and development of papers.
When such paper was first introduced or used, physical changes on papers and
the importance of watermarks, are some of the valuable things that an
investigator should know to come up with a more conclusive opinion.

PAPER

- Sheet of interlaced fiber – usually cellulose fibers from plants, but


sometimes from cloth rage or other fibrous materials

- That is formed by pulping the fibers and causing to felt, or mat, to form
a solid surface.

WRITING MATERIALS
- The evolution of writing materials culminated in the development of
paper. The oldest written records still surviving are the Sumerian clay tablets
dating back from the 4th millennium B.C.

PAPYRUS

- Came into use about 3,500 B.C. – people of Egypt. Palestine, Syria, and
Southern Europe used the pith (soft spongy tissue of the stem) of the sedge
(grasslike herb) CYPERUS PAPYRUS to make a writing material known as
PAPYRUS.

PARCHMENT

- Writing material made form skin of animals primarily of sheep, calves


or goats – was probably developed in the Middle East more or less
contemporaneously with papyrus. It came into wide use only in the 2 nd century
B.C. in the city of PERGAMUM in ANATOLIA.

VELLUM

- Writing materials from fine skins from young calves or kids and the
term (name) was often used for all kind of parchment manuscripts, it became
the most importance writing materials for bookmaking, while parchment
continued for special manuscripts.

- Almost every portable surface that would retain the marks of brush or
pen was also used as a writing material during the early period.

DEVELOPMENT OF PAPER MANUFACTURING

- It is widely claimed that invention of paper is generally attributed to a


Chinese court official, CAI LUN (TSAI LUN), in about A.D. 105.

- The first to succeed in making paper from vegetable fibers – tree


barks, rags, old fish nettings.

- The art of papermaking was kept secret for 500 years; the Japanese
acquired it only in the 7th century A.D.

- In A.D., 751; the Arab city of Samarkand was attacked by marauding


Chinese and some Chinese taken as prisoners were skilled in papermaking and
were forced by the city Governor to build and operate a paper mill and
Samarkand soon became the papermaking center of the Arab world.

- Knowledge of papermaking traveled westward, spreading throughout


the Middle East, the Moorish invasion of Spain led – to the invention (A.D. 1150)
or erection of the first European paper mill, at JATIVA, province of VALENCIA.
- Knowledge of the technology spread quickly and by 16 th century, paper
was manufactures throughout most of Europe.

CHLORINE

- Was introduced in the 19 th century for bleaching and colored linen


could already manufactures for paper.

ESPARTO

- A grass grown in Libya, also in Spain and North Africa was first
introduced in England in 1861.

STRAW

- Was used to make paper in 1800.

SULPHITE

- Paper from wood was not attempted until 1869 and paper called
SULPHITE (modern type) was first used between 1880 and 1890.

OLDEST MANUSCRIPT

- Letters dated A.D. 874 have been found in Egypt and the oldest
manuscript in England on cotton paper dated AD 1890.

TRACING THE AGE OF PAPER (DOCUMENT):

The age of the document may be estimated form paper; four cases were
reported by Lucas in which the age of the document was established from the
compositor/composition of the paper.

In one of these cases, a document dated 1213 A.H. (A.D. 1796) was found
to be written on paper composed entirely of chemically prepared wood cellulose.
Considering that this type of paper was not introduce not until about 60 years
later, the document is obviously a fake one.

WATERMARKS

Sometimes a LIMIT may be placed to the age of the document by means


of watermark, the earliest know dating from 1282. Unfortunately, however, not
all papers contain watermarks.

- The earliest way of identifying the date of manufacture of the paper is


by WATERMARK – a brand put on the paper by the manufacture.
- It is impressed into the paper by wire on the rollers called DANNY ROLL
that make the paper, and these design are changed from time to time.

- Usually watermarks are requested by their owners/manufacturers with


the patent offices

- If present, watermark is one of the most reliable means of tracing the


age of the paper. However, the questioned documents examiner’s findings are
limited only to the APPROXIMATE DATE (YEAR) of the paper manufacture.

In determining the age of the paper by watermarks, it is necessary to


ascertain to owner of the watermark is question or its manufacturer.

In the FBI, this is done by checking the reference file of the laboratory.
Once the manufacturer is determined, then consideration is given to changes in
design and defects of individual design.

In recent years, some large manufacturers have cleverly incorporated


inconspicuous changes in their watermark design in order to date their products.

Obviously, document is fraud if it contains a watermark which was not in


existences at the time the document purports to have been executed.

IN CASE THE WATERMARK OF A CERTAIN PAPER MANUFACTURER DID NOT


CHANGED, THE FOLLOWING IS APPLIED:

In those cases where no change in the design has been made over a long
period of time, defects in the individual design may furnish a clue as to the age
of the paper

- The dandy roll, through constant usage, will somehow be damaged.


This damage is also known as caused by WEAR AND TEAR which becomes
progressively more and more as time goes by.

- The damage on the dandy roll will leave some peculiar marking on the
watermark of the paper manufactured or all papers that will pass through the
damaged dandy roll.

- The investigator, carefully determining the distinct markings caused by


the dandy roll’s damaged surface, will coordinate with the paper manufacture
regarding when such damage occurred on the dandy roll used.

DISCOLORATION:

One way of tracing the age of the paper is though the observance of the
changes in its physical characteristics particularly DISCOLORATION. Naturally, a
paper will discolor after a passage of time due to numerous environmental
factors such as moisture, temperature, duet, etc.

CAUSES OF DISCOLORATION

Discoloration is highly influenced by storage of the papers or documents


and conditions like the following:

1. Due to process of oxidation brought about by natural means.


2. Brown spots due to molds that are very characteristics both in appearance
and distribution.
3. Exposure to duet and dirt.
4. Occasional staining of fruit juice, grease.
5. Excrete of rats, mice and other insects.
6. May also due to heat, partial burning, etc.

a. WOOD PULP – papers out of wood pulp may start to discolor at edges
from 2 to 3 years.
b. RUG-SHIP QUALITY – maybe very old before discoloration starts.

WRITING INSTRUMENT: PEN:

A toll for writing or drawing with a colored fluid, such as ink. The rise and
spread of Christianity increased the demand for permanent written religious
documents.

Pen came from the Latin word “PENNA”, meaning feather.

QUILL PENS:

It is a hollow part of large feather usually from goose and was used writing
on parchment. Poland, Germany, Russia, and the Netherlands were the largest
producers of quill.

As the size of writing became smaller, both writing tools and surfaces
changed. Vellum or parchment books replaced the papyrus roll, and the QUILL
replaced the REED PEN.

Although quill pens can be made iron the outer wing feathers of any bird.
Those of goose, swan, crow and (later) turkey, were preferred. The earliest
reference (6th century AD) to quill pens was made by the Spanish Theologian
KST, ISIDORE OF SEVILLE, and this tool was the principal writing implement for
nearly 1300 years.

To make a quill pen, a wing feather is first hardened by heating or letting


it dry out gradually. The hardened quill is then out to a broad edge with a
special pen knife.
The writer had to re-cut the quill pen frequently to maintain its edge. By
the 18th century, the width of the edge had diminished end the length of the slit
had increased creating a flexible point that produced thick and thin strokes by
pressure on the point rather than by the angle at which the broad edge was
held.

Also by the 18th century, paper had replaced vellum as the chief writing
surface, and more writing was being done for commerce than for church or
crown. During this period, attempts were made to invent a lasting writing tool
that did not require re-cutting. Horn, tortoise shell, and gemstones were tried,
but steel was eventually used for permanent pen points.

Although pens of bronze may have been known to Romans, the earliest
mention of “BRAZEN PENS” was in 1465. The 16 th century Spanish calligrapher
JUAN DE YCIAR mentions brass pens for very large writing in his 1548 writing
manual, but the use of metal pens did not become widespread until the early
part of the 19th century.

The first patented steel pen point was made by the English engineer
BRYAN DONKIN in 1803.

The leading 19th century English pen manufacturers were WILLIAM JOSEPH
GILLOT, WILLIAM MITCHELL, AND JAMES STEPHEN PERRY.

Use of the quill rapidly declined during that century, especially after the
introduction of the free public education for children; more emphasis was then
placed on the teaching of writing than on teaching the skill of quill cutting.

In 1884, LEWIS WATERMAN, a New York insurance agent, patented the


first practical FOUNTAIN PEN containing its own ink reservoir. Waterman
invented a mechanism that fed ink to the pen point by capillary action, allowing
ink to flow evenly while writing.

By the 1920’s, the fountain pen was the chief writing instrument in the
west and remained so until the introduction of the ball point pen after WORLD
WAR II.

REED PEN/SWAMP REED:

It came from especially selected water grasses found in Egypt, Armenia


and along the chores of the Persian Gulf, were prepared by leaving the, under
dung heaps for several months.

It was the first writing tool that has the writing and slightly frayed like a
brush. About 2,000 years B.C., this reed pen was first used in NEAR EAST on
papyrus and later on parchment.

THE BALL POINT PEN:


JOHN LOUD, in 1888, patented the first ball point writing tool. A ball point
pen has in its point a small rotating metal ball that continually inks itself as it
turns.

The ball is set into a tiny socket. In the center of the socket is a hole that
feeds ink to the socket from a long tube (reservoir) inside the pen.

As early as the 19th century, attempt has been made to manufacture a


pen with a rolling ball tip, but not until 1938 did Hungarian inventor GEORGE
LAZLO BIRO invent a viscous, oil-based ink that could be used with such a pen.

Early ball point pens did not write well; they tender to skip, and the slow-
drying oil-based ink smudged easily. However, the ball-point pen had several
advantages over the fountain pen:

1. The ink was waterproof ad almost unerasable;


2. The ball point pen could write on many kinds of surfaces and could be
hold in almost any position for writing; and
3. The pressure required to feed the ink was ideal for making carbon
copies.

In formulas were improved for smoother flow and faster drying, and soon
the ball-point replaced the fountain pen as the universal writing tool.

FIBER TIP PENS:

In 1963, fiber tip markers were introduced into the U.S. market and have
since challenged the ball point as the principal writing implement.

The first practical fiber tip pen was invented by YUKIO HORIE of Japan in
1962. it was ideally suited to the stroked of Japanese writing, which is
traditionally done with a pointed ink brush.

Unlike its predecessors, the fiber tip pen uses dye as a writing fluid. As a
result, the fiber tip pen can produce a wide ranged of colors unavailable in ball
point and fountain pen inks. The tip is made of fine nylon or other synthetic
fibers drawn to a point and fastened to the barrel of the pen. Dye is fed to the
point by elaborate capillary mechanism.

Felt-tip markers are made of dense natural or artificial fibers impregnated


with a dye. These markers can be out to a variety of shapes and sizes, some up
to an inch in width. A modification of the ball point pen using a liquid dye fed to
a metal/plastic ball was introduced in the U.S. from Japan in 1973.

The Examination and Identification of inks:


The examination of inks often plays an important part in document
examination. In these cases the inks to be examined are not available in liquid
form. One kind of examination centers on the question as to whether the ink of
some writings or of alterations in a police blotter is identical with the ink found
in the possession of the suspect.

For this reason, the examination of questioned documents is restricted to


a comparative examination of certain properties of these inks. However the
examination carries with it certain difficulties as the quantity of material
available for examination is small and the examination can be done only one.

It is necessary then that before a chemical examination is attempted,


which results in a partial destruction of writing, an exhaustive examination by
non-destructive methods be carried out.

These non-destruction methods include visual examination with the aid of


a binocular microscope as well as photographic examination. They should be
used first before any chemical examination is resorted to.

It is necessary therefore to be acquainted with the composition and


developmental history, method of manufacture of the types of ink most
commonly used. Sometimes, antedating can only be proved by identifying a
competent of the ink, which was not yet included in inks at the alleged date of
the document.

Composition and Characteristics of Inks

1. Indian Inks

The oldest form of Indian ink consisted of a suspension of carbon black


(soot or lampblack) in water to which a glue or a vegetable gum was added. Inks
of this compositions are still on the market mostly in the shaped of sticks of
cakes. In modern carbon ink, the glue or gum is replaced by a solution of shellac
in borax or ammonia. These inks are not affected by oxidants. It is practically
impossible to remove the last traces of the carbon from the paper without
causing damage to it.

2. Log wood Inks

These inks which were used extensively about a century ago, have now
because obsolete and are no longer manufactured. They were made from an
aqueous extract of logwood chips and potassium chromate. These inks will be
found only on old.

3. Iron Gallotanate Inks

This ink has been used as writing for over a thousand years. Formerly it
was made of a fermented infusion of gall nuts to which iron salts were added.
The ink was composed of suspension of the black, almost insoluble ferric
tennate.

The particles were kept in suspension by adding glue or sum Arabic. This
manufacturing method was not economical and so it had to be changed. It was
observe that if the ink was slightly acidified with hydrochloric acid or sulphuric
acid, the oxidation of the ferrous iron was checked and the undesirable
precipitation of the ferric tennate was prevented. The ink thus obtained was
practically colorless and did not acquire the black color desired before it
matured on paper. Coloring matter (Aniline dyes) was added to the ink as well
as a sterilizing agent to prevent growth of mold and bacteria in the ink.

4. Fountain Pen Inks

These inks are regarded as special fountain pen inks, and consisting of
ordinary iron gallotannated inks with a lower iron content in most cases but with
a higher dyestuff content than normal inks. This type of ink is placed on the
market under the name of “blue-black permanent”. The iron content range from
.7 Fe/I (e.g. Parker Quink permanent blue) to 2.7 Fe/I (e.g. Pelikan
Fullhaltertinte)

5. Dyestuff Inks

These inks are composed of aqueous solutions of synthetic dyestuffs, to


which a preservative and a flux are added. The writing qualities of the ink are
improved by addition of substances each as glycerol, glucose or dextrin.

The dark blue black inks are often composed of four or more dyes
because no black dyestuff of sufficient tinctorial capacity are known.

6. Water Resistant Writing and Drawing Inks

There inks are special group of dyestuff inks. They consist of a pigment
pasts and a solution of shellac made soluble in water by means of borax, liquid
ammonia or ammonium bicarbonate. Sometimes the pigment suspension is
combined with acid or basic dyestuff.

7. Alkaline Writing Inks

These are quick drying inks which possesses a ph of from 9 to about 11.
They penetrated quickly through the size of the paper allowing the ink to
penetrate quickly into the paper. The dyestuff in these inks consists of acid
dyes, sometimes combined with phthalo cyanide dyes.

These inks are not much in demand they are rather expensive and
because the material of many fountain pens is affected by them. The best
known of these inks are the Parker superchrome inks which in the colors black,
blue-black, blued, red and green. Phthalocyanine dye is found in the blued
superchrome inks. The superchrome inks were already obtained sine 1950,
which fact maybe of importance for the determination of the age of a document.

8. Ballpoint Pen Inks

The ballpoint pens did not appear on the European market before 1945.
The development of the present pen was accomplished during World War II
because the Army and the Air Force needed a writing instrument which would
not leak at high altitude and which supplied quick drying water resistant writing.

In principle, the construction of all ballpoint pens is the same. The


differences are in the finish, the precision with which the instrument is made,
the size the materials of the ball, and the composition of the ink. As a rule, the
diameter of the ball lies between 0.6 and 1.0 mm, the cheapest makes having
the largest diameter. The ball is made of steel whiled the more expensive makes
of sapphire.

The quality of the pen is chiefly to be judged by the writing angel. The
best writing angle for a ballpoint pen is 90 degrees, but a normal hand of writing
seldom uses this angle. The cheaper makes have a minimum writing angle of
55-60 degrees. If one writes at too small an angle, the brass socket holding the
ball will scratch a lined into the paper, parallel with the ink line.

9. Stamp Pad Inks

They are made with the acid of substances such as glycerol, glycol, acetin
or benzyl alcohol and water. Airline dyes are added as coloring matter. For quick
drying stamp pad inks, more volatile organic solvents are used as acetone,
ethanol, etc. As a vehicle, dextrine, gum Arabic, or tannin is sometimes added.
Through the addition of tannin, the stamp impression becomes water resistant
after drying.

10. Hectograph Inks

These inks very much resemble stamp pad inks and are exclusively made
with basic dyes. To the dyestuff solution several other substances are added
such as glycerol, acetic acid and acetone.

11. Typewriter Ribbon Inks

These inks are usually composed of a blend of aniline dyes, carbon black
and an oil such as olein or castor oil. The two-tone ribbons however contain no
dyes, but pigments suspended in a oil base. This is necessary because aniline
dyes tend to bleed and would cause the sharp division between the differently
colored halves of the ribbon to merge.

12. Printing Inks


Printing inks often consist of a mixture of colored pigments, carbon black
and a “base” which may consist of oil, resins, synthetic resins or a mixture of
these. It is possible to remove printing inks from a document by scrubbing the
document with an aqueous solution of a suitable detergent. The rubbing and
breaking up of the surface of the ink and the detergent facilitates the
suspension and eventual removal of the carbon and other ingredients by the
water.

13. Canceling Inks

These inks often contain carbon and this fact should be burned in mind
when it is required to decipher faint cancellation marks on a postage stamp and
wrappers. Carbon is opaque to infra-red sensitive plate and be relied upon to
improve the legibility of any making affected by a carbon containing canceling
ink.

Erasure of canceling ink on valuable stamps is usually affected by attack


on the medium which bind the carbon to the surface of the stamp and it is to be
regretted that many canceling inks are manufactured with media which offer
resistance to attack so that the resistant carbon can simply be swabbed off. This
can be usually be detected by infra-red photography which will reveal the traces
of carbon, which almost invariably remain on the stamp.

14. Skrip Ink

Skrip inks are manufactured by W.A. Chaffer Pen Company since 1955.
The inks contain a substance which is colorless in visible light and has a strong
affinity for the fiber of the paper, and yet is not bleached by hypoclories ink
eradicators or washed out by soaking on water.

Thus if a writing with “Skrip” is obliterated with ink eradicator, the original
will produce a characteristic fluorescence and can be deciphered by reviewing
under filtered ultraviolet. Similarly if writing made with able skrip is soaked in
water so the invisible dye is washed out, the original record can be read clearly
by filtered ultra-violet light.

The Chemical Examination of Ink:

The chemical examination of ink is indicated in the following problems:

1. The Chromatographic examination and separation of the dyestuffs in the


ink.
2. The determination of the age of the ink.

TYPEWRITER/TYPEWRITING EXAMINATION AND IDENTIFICATION:

TYPEWRITER:
- A machine that can reproduce printed characters on papers or that can
produce printed letters and figures on paper.

EVOLUTION OF TYPEWRITERS:

01. Several typewriters like machine were develop during the latter part of the
17th century, the first patent, however, was granted by QUEEN ANNE of
England to HENRY MILL in 1714 for a machine designed to reproduce a
letter of the alphabet.

02. Within the next 100 years, however, at least 50 attempts were made by
various investors to develop a typing machine.

03. IN 1829, WILLIAM AUSTIN BURT of Detroit, invested the TYPOGRAPHER.

04. The development of the first practical typewriter begun in 186 by


CHRISTOPHER LATHAM SHOLES and was patented in 1868. He developed
the first practical typewriter in cooperation with two fellow mechanics,
CARLOS GLIDEN and SAMUEL SOULE.

05. Six years later, Christopher Latham Sholes entered an agreement with
ELIPHALET REMINGTON AND SONS, GUNSMITHS & SEWING MACHINES
MANUFACTURERS the company produced REMINGTON MODEL I.

06. Four years later, REMINGTON MODEL II was introduced having both the
lower and upper case of the alphabet.

07. MARK TWAIN was among the first to buy a typewriter and the first to submit
a typewritten manuscript to a publisher.

08. GEORGE BERNARD SHAW recognized the importance of typewriter when he


become the first playwright to use it as a stage prop in Candida in 1897.

09. When THOMAS EDISON visited Sholes to see his machine, he forecasted that
typewriters would one day be operated by electricity.

10. Soon afterwards, Edison built such a typewriter. He used a series of magnet,
which made the machine cumbersome and too expensive to be marketed.

11. The first practical typewriter was invented in 1914 by James F. Smathers of
Kensas City.

12. In 1933, the International Business Machines, Inc. (IBM), introduced the first
commercially successful electric typewriter to the business world.
Prepared by:

Glenn G. Castor, MS Crim


Subject Facilitator

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