questioned documents first chapter

Copyrighted Material.

Forensic Examination of Questioned Documents(ChapterHouse Publishing Incorporated series in Forensic Sciences)First Edition

Philippine Copyright, 2013By: ChapterHouse Publishing Incorporated

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ISBN: 978-971-95775-4-6


Table of ConTenTs

DeDICaTIon .......................................................................VII

PRefaCe .............................................................................IX

CHaPTeR 1THe fIelD of foRensIC DoCUMenT eXaMInaTIon ...........1What is Forensic Science? ...........................................................2What is Forensic Document Examination? ..................................2The PNP Questioned Document Examination Division .................4The Forensic Document Examiner ..............................................7

CHaPTeR 2HIsToRY of foRensIC DoCUMenT eXaMInaTIon ............11History of Writing......................................................................12History of Forgery .....................................................................13Expert Witnesses and Pioneers of Document Examination ........13Historical Cases of the Twentieth Century .................................15


CHaPTeR 3DoCUMenTs ...........................................................................21What Are Documents? ..............................................................22What Are Questioned Documents? ............................................22Nature and Classification of Documents....................................23Proper Care and Handling of Questioned Documents ................24Standards of Comparison .........................................................27

CHaPTeR 4foRGeRY ................................................................................29What is Forgery? .......................................................................30Indication of Genuineness.........................................................30Indication of Forgery .................................................................32Kinds and Methods of Forging ...................................................33Techniques of the Forger ...........................................................35

CHaPTeR 5Tools, TeCHnIQUes anD PRoCeDURes .............................37Techniques Used in the Examination of Questioned Documents .....................................................39Procedure in Examining Questioned Documents .......................40Instruments and Equipment in Forensic Document Examination ....................................................43Photography in Forensic Document Examination ......................50

CHaPTeR 6WRITInG MaTeRIals, Tools anD eQUIPMenT ..................53Paper ........................................................................................54 Brief History of Paper ............................................................ 54 Types of Paper ....................................................................... 54 Properties of Paper ................................................................ 56 Examination of Paper ............................................................ 56Writing Instruments .................................................................58 Pencils ................................................................................... 58


Ink ......................................................................................... 59Typewriters and Printers ...........................................................59

CHaPTeR 7HanDWRITInG IDenTIfICaTIon ...........................................61What Is Handwriting? ...............................................................62What Is Handwriting Identification? ..........................................62The Process Underlying Handwriting Identification ...................63Five Intricacies or Complexities of Handwriting .........................64What is Handwriting System? ...................................................65Individual Characteristics in Handwriting .................................67Variations in Handwriting .........................................................68Factors That Affect Handwriting ................................................68

CHaPTeR 8foRensIC eXaMInaTIon of HanDWRITInG .......................71Systematic Examination of Handwriting ....................................72Handwriting and Hand Printing Examination ............................74Different Structures of Letter Design .........................................88Disguised Writing ................................................................... 114

CHaPTeR 9foRensIC eXaMInaTIon ofQUesTIoneD sIGnaTURes .................................................. 117What Is a Signature? .............................................................. 118Kinds of Signature .................................................................. 119Stroke Structure of Signatures ................................................ 119What Is Signature Identification? ............................................ 120Classification of Suspect Signatures........................................ 122Indications of Forgery ............................................................. 123Characteristics of a Genuine Signature ................................... 125Standards of Comparison ....................................................... 125Suggested Steps in the Examination of Signatures .................. 128Methodology of Forgery ........................................................... 128


CHaPTeR 10foRensIC eXaMInaTIon of alTeRaTIon ........................ 139Alteration................................................................................ 140Kinds of Alteration .................................................................. 140Obliteration ............................................................................ 142Erasure .................................................................................. 142Indented Writing ..................................................................... 143Elements of Proof .................................................................... 143Methods of Alteration .............................................................. 145Points to Consider in Alterations ............................................. 145

CHaPTeR 11foRensIC eXaMInaTIon of CoUnTeRfeIT CURRenCY .. 147What is Counterfeiting? .......................................................... 148The Evolution of the Philippine Currency ................................ 148Philippine Peso Banknotes: The New Generation Currency (NGC) Series .................... 152Protecting the Philippine Currency .......................................... 160

CHaPTeR 12foRensIC eXaMInaTIon of TYPeWRITInG ...................... 161What is a Typewriter? ............................................................. 162What is Typewriting Identification? ......................................... 162Techniques in Typewriting Identification ................................. 163Kinds of Typewriter ................................................................ 164Determining Document Genuineness ...................................... 164Typewriter Defects .................................................................. 164Parts of Typewriter .................................................................. 170

CHaPTeR 13foRensIC eXaMInaTIon of PRInTeD anDPHoToCoPIeD DoCUMenTs................................................ 171Examination of Computer-Generated Documents .................... 172Examination of Photocopied Documents ................................. 174


CHaPTeR 14PResenTaTIon of eVIDenCe In CoURT ........................... 177Presentation of Handwriting Evidence ..................................... 178Presentation of Other Evidence in QD ..................................... 180

CHaPTeR 15PHIlIPPIne laWs on QUesTIoneD DoCUMenTs .............. 183Revised Penal Code – Crimes Against Public Interest ............... 184Revised Penal Code – Crimes against Public Interest ............... 189

GlossaRY ............................................................................. 199

bIblIoGRaPHY ..................................................................... 205


1THE FIELD OF FORENSIC DOCUMENT EXAMINATION

CHaPTeR 1

THe fIelD of foRensIC DoCUMenT eXaMInaTIon

learning objectives

At the end of this chapter, the student will be able to:

• Define forensic science and forensic document examination

• Enumerate the functions of the PNP Questioned Document Examination Division

• Describe the work of a forensic document examiner


2 Forensic examination oF Questioned documents

What is forensic science?

Broadly speaking, forensic science is the application of scientific techniques and principles in order to provide evidence to legal or related investigations and determinations. In simpler terms, it can be defined as science as it pertains to legal problems. For example, DNA typing and the identification of drugs involve the use of specialized scientific equipment by personnel with science degrees. However, there are also difficulties in this definition such as when the detection of fingerprints at a crime scene is conducted by a police officer who does not have a science degree. In fact, recent court cases in the U.S.A. have questioned whether there truly is a scientific principle underlying the discipline of forensic science (Tilstone, Savage, & Clark, 2006).

Criminalistics, or the application of forensic science to criminal matters, should be distinguished from the term criminology, or the social science study of crime and criminal behavior. In practice, criminalistics applies science to the solution of crimes through the examination of physical evidence in the field or the crime laboratory. Examples of such physical evidence include hairs, fibers, latent fingerprints, and biological material. The strength of criminalistics lies in the reliability and objectivity of scientific testing (Fisher, Tilstone, & Woytowicz, 2009).

What is forensic Document examination?

The American Board of Forensic Document Examiners defines forensic document examination as the practice of the application of document examination to the purposes of the law. This includes the identification of handwriting, typewriting, the authenticity of signatures, alterations in documents, the significance of inks and papers, photocopying processes, writing instruments, sequence of writings and other elements of a document in relation to its authenticity or spuriousness (Eckert, 1997).

Forensic document examination is also usually called questioned document examination or scientific examination of questioned documents. In the Philippines, crime laboratories and popular media refer to it simply as “QD” as short for “questioned documents.” It is also known by other names such as handwriting examination or handwriting analysis. It should, however, be distinguished from graphology, which is the study of handwriting to identify the writer’s personality traits. Forensic document examiners do not engage in personality identification via a study of handwriting.

The terms forensic document examination and questioned document examination will be used interchangeably in this textbook to



refer to the task of answering questions about a disputed document using a variety of scientific processes and methods.

These questions may include the following: Is the document authentic? Was anything added to or removed from the document? Does the handwriting belong to the individual or the typescript to a particular machine? What is the age of the document? If the document has been altered, can we recover any of the original? Analyses are conducted in order to answer these questions and be able to determine who created or what device was used to create it, what changes have occurred since its original production, and if it is as old as it purports to be.

Examinations include the following:

• Handwriting and signature comparisons

• Detection of alterations, deletions, and substitutions

• Mechanical and electronic impression comparisons

• Detection of counterfeits

• Decipherment of obliterated text

• Examination of water-soaked, charred, stained, or torn documents

• Ink and paper comparison

• Determination of sequence of entry

• Detection and analysis of indented and other accidental writings

• Age of documents

A combination of examination techniques may be required depending on the questions raised about the integrity and method of production of the questioned document. Examples of questioned documents submitted for such examinations include the following:

• Wills

• Checks

• Credit card receipts



• Business contracts

• Marriage contracts

• Birth certificates

• Mortgages, deeds of land, transfers, and leases

• Insurance applications

• Agreements

• Accounting ledgers and financial records

• Anonymous and threatening letters

• Suicide notes

• Tests and examinations

• Medical charts

• Diaries, agendas, and appointment books

• Legal files

The PnP Questioned Document examination Division

The Philippine National Police (PNP) Crime Laboratory Group includes the Questioned Document Examination Division (QDED), which aims to provide scientific support in forms of documentary and testimonial evidences. Their function to examine questioned documents specifically includes the following:

1. Handwriting examination – including hand lettering (such as anonymous letters, ransom notes and suicide notes) and signatures (such as those appearing in deeds of absolute sale, receipts, marriage contracts and land titles)

2. Imprint examination – including those produced by manual devices (rubber stamps, dater stamps and some cancellation stamps), mechanical devices (typewriters and cheque writers), and electronic printing devices, (typewriters, computer printers, time clocks and cash registers); also includes those produced by the manufacture of counterfeits (currencies, negotiable



instruments, travel documents, licenses, and various personal credentials and identification documents)

3. Writing media examination – including instruments, inks and papers

4. Dating examination – including absolute determinations (e.g., dates of introduction of products) and relative determination (e.g., erasures or alterations), changes, insertions and substitutions

5. Examination of falsification and alterations – including removals (e.g., erasures or alterations), changes, insertions and substitutions

6. Examination of invisible, faded and obscured writings and impressions of writings

7. Examination of preternatural paper characteristics – including tears, fasteners (e.g., paper clips and staples), cuts and perforations

8. Miscellaneous examination – including envelope tampering, adhesives, laminations, typist’s characteristics and linguistics

9. Conduct lectures to PNP, AFP and other government agencies

10. Conduct field laboratory works – questioned document examiners are sent to agencies/offices to conduct examination and to photograph original documents that cannot be submitted to the PNP Crime Laboratory

11. Attend court duties

Document examinations performed by the PNP-QDED are based on written requests from government agencies, private investigating agencies, court orders, as well as private requesting parties. However, documents previously examined by any competent government agency are not reexamined unless ordered by the court of law. If the case is undergoing trial in court, disputed documents are examined only upon order of the court having jurisdiction of the case.

The PNP Crime Laboratory provides frontline services for the examination of questioned documents. Below is a table showing the requirements for the conduct of examination based on the PNP Citizen’s Charter (PNP, 2009).



PNP CRIME LAB SERVICE FEES DURATION DOCUMENTARY

REQUIREMENTS1. Examination

of altered or erased documents

P2,000 4 working days

• Four copies of letter request

• Original copy of altered/erased document

2. Examination of counterfeit bills

P2,000 3 working days


• Original of the questioned bills

3. Handwriting Identification P3,500 10 working

days


• Original of the questioned document

• Original copy of at least five pages of extended handwriting of similar writing style of subject individual

4. Signature Identification P2,000 10 working

days


• Original of the questioned document

• Original copy of at least eight different documents bearing similar writing style and standard signatures, executed five years before and after the execution of the questioned signature

(Fees and Duration Reflect Rates as of October 2013)

Other chapters in this textbook include information based on the PNP’s adherence to the highest professional standards of ethics as questioned document examiners. In Chapter 5, for example, the techniques and procedures used by the PNP-QDED in examining questioned documents will be enumerated. The same chapter also includes tools and equipment used in the PNP Crime Laboratory.



The forensic Document examiner

In past decades experts in the area of analyzing documents were generally referred to as questioned document examiners. Sometimes they are also called forensic scientists, document examiners, document experts, handwriting experts, or by a combination of these and other descriptions. Today, they are more commonly referred as forensic document examiners. For purposes of this book, however, the terms forensic document examiners and questioned document examiners will both be used.

Forensic document examiners or a questioned document examiners refer to persons who study all aspects of a document to determine its authenticity, origin, handwriting, photocopies, inks and papers. Unlike the typical law enforcement officer, they do not conduct crime scene searches, street investigations, interviews or interrogations. Their work does not involve face-to-face encounters with the street reality of crime and its victims, witnesses and suspects. Forensic document examiners are basically laboratory investigators.

The profession of forensic document examination did not develop as an extension of other scientific professions such as medicine, chemistry or engineering. Instead, it evolved within the legal system due to the courts’ need for assistance in interpreting evidence relating to questioned documents (Kelly & Lindblom, 2006).

The goal of a forensic document examiner is to study and investigate documents in order to determine the facts about their preparation and history. The work usually involves the examination of handwriting, but the forensic document examiner’s scope of expertise also includes the following:

• Recognizing genuineness

• Analyzing colortone of inks, papers, and other substances that comprise documents

• Revealing additions and substitutions

• Restoring or deciphering erased and obliterated writing


questioned documents first chapter

Education

examination of paper

document examination

forensic document examiner

copyrighted material

handwriting identification

forensic sciences

handwriting system

complexities of handwriting