Questioned Documents Investigation Chapter 1

Definition of Terms

• Document: any material containing marks, symbols, or signs that may convey a meaning to someone, e.g., pencil, ink writing, typewriting, or printing paper.
• Questioned: any material that is under scrutiny or has some issue raised about its authenticity, identity, or origin.
• Questioned document: a document in which the facts appearing therein may not be true and are contested either in whole or part.
• Standard: a condensed and compact set of authentic specimens from a known source, used for comparison.
• Exemplar: a term used to characterize known material.
• Holographic Document: a document completely written and signed by one person.

Legal Aspects of Documents

• Legal basis of documents: written documents that establish or extinguish a right or obligation.
• Kinds of documents:
  • Public Document: notarized by a notary public or competent public official with solemnities.
  • Official Document: issued by the government or its agent, authorized to issue and perform duties.
  • Private Document: executed by a private person without the intervention of a notary public.
  • Commercial Document: executed in accordance with the code of commerce or mercantile law.
  • Electronic Document: exists only in electronic form, e.g., emails, voicemail, instant messages, etc.

Writing Which Do Not Constitute Documents

• A draft of Municipal Payroll which is not yet approved by the proper authority.
• Mere blank forms of official documents, the spaces of which are not filled up.
• Pamphlets or books which do not evidence any disposition or agreement.

Classes of Questioned Documents

• Documents with questioned signatures.
• Documents alleged to have been containing fraudulent alterations.
• Questioned or disputed holographic wills.
• Documents investigated on the question of typewriting.
• Documents questioned on the issue of their age or date.
• Documents questioned on the issue of material used in their production.
• Documents or writings investigated because it is alleged that they identify some persons through handwriting.

Document and Questioned Document Examination

• Addition: any matter made a part of the document after its original preparation.
• Alteration: any change in the writing made by the party thereto, or by some person entitled thereunder after the instrument has been executed.
• Cancellation or Subtraction: the removal of writing or printing from a document.
• Conclusion: a scientific conclusion results from relating observed facts by logical, common sense reasoning.
• Document Examiner: anyone who studies scientifically the details and elements of documents to identify their sources or facts.
• Erasure: the removal of writing or printing from a document.
• Examination: the act of making a close and critical study of any material and with questioned documents.
• Expert witness: a legal term used to describe a witness who by reason of special training or experience can express an opinion regarding an issue.
• Forensic Document Examiner: a person who studies all aspects of a document to determine authenticity, origin, handwriting, photocopies, ink, and papers.
• Handwriting Examination Expert: a common name for a document examiner.

Learn about the basics of questioned documents investigation, including the definition of terms and what constitutes a document.