Questioned Document Examination PDF

QUESTIONED DOCUMENT crude drawings called “Pictographs” which can be considered as pre – historic version of MODULE 1 documents. Consi...

QUESTIONED DOCUMENT crude drawings called “Pictographs” which can be considered as pre – historic version of MODULE 1 documents. Consistency in the usage of signs DOCUMENT and images had later evolved into “codified system of standard symbols” or “ideographs” - is an inseparable part of man’s life. from which signs and symbols were given - Literally, from womb to tomb. “agreed” meanings or ideas (ex. Cuneiforms - It is define as “any material, which contains, of Summerians and Heliographs of marks, symbol or sign either visible, Egyptians). Combining ideographs can be a partially visible that may presently or systematic way of expressing thoughts ultimately convey meaning or message to through written record. From these the “formal someone” (Ordway Hilton). writing” has begun. - It may come in many forms such as digital/electronic or the traditional one like DEVELOPMENT OF WRITING SURFACE those printed or written on papers. The following are the materials used as writing - Document serves as reliable and valid surfaces throughout the history recordings of man’s professional and personal - Petrograms – Written or printed on the surface affairs. The identity of a person is established of the rock and his possessions are secured through - Parchment – Skin of animals like sheep, documents. calves and goats - This heavy reliance and dependency have - Papyrus – Obtained from the plant Cyperus attracted criminal minded personalities to take Papyrus that are commonly found in Egypt, advantage and make profits from documents. Palestine and Syria. It is where the word Hence giving birth to crimes such as forgery, “paper” was derived counterfeiting and falsifications - Paper – Obtained from wood pulp, the substance that is left after the liquid has been THE LOCARD EXCHANGE PRINCIPLES squeezed from the wood chips, done by the action of calcium sulphite - It was Locard’s belief that when a criminal came in contact with an object or person, a DEVELOPMENT OF WRITING SYSTEM cross – transfer of evidence occurred. - Pen is a handheld instrument used to apply ink - By analogy, if a person performed a crime on in the writing surface. The first ink is Indian Ink a document, traces of the commission might or Carbon Ink. have been left for a “criminalist” to examine, discover and analyze. In the case of The following are the various instruments used as questioned document examinations such pen criminalist is the “document examiner”. Reeds – Used by Egyptians, made from Note: Criminalist is a man trained in the science of hollow piece of bamboo application of instruments and methods to the Rat’s Hair – Used by the Chinese detection of crime Metal Styli – Used by the Greeks Quill Pen – Made from feather of goose and THE DOCUMENT EXAMINER swan Steel Nibs – Those equipped with metal pen - Studies scientifically the details and elements points of document in order to identify their source or Fountain Pen – Those equipped with ink discover other facts concerning them (an reservoir. Its creation is credited to Lewis expert witness who by virtue of his knowledge, Waterman qualifications, trainings and skills were allowed Ball Point Pen – Designed by John H. Loud by the court to provide opinion on matters while Lazlo Biro created a ball point pen that covering his specialization). wrote easily on paper. Pencil – Those that uses lead substance as QUESTIONED DOCUMENT its ink - Any documents about which some issue has DEVELOPMENT OF SCIENCE OF been raised or which is under scrutiny HANDWRITING IDENTIFICATION - Earliest law that gives reference to GRAPHOLOGIST/GRAPHOANALYST application of science of questioned - Examines handwriting and interpret the document examination to court litigation is character and personality of the writer by the the Code of Justinian (539 AD), in the traits left behind in the written line. Roman law. It allows the comparison of Handwriting both on public and private HISTORY OF DOCUMENTS AND SCIENTIFIC instrument. The Code likewise requires DOCUMENT EXAMINATION experts to be sworn. - The development of forensic document DEVELOPMENT OF WRITING SYSTEM examination both in the professional and - The desire to produce documents can be legal field is largely due to the efforts of an traced back at the time man learned to American named Albert S. Osborn and an communicate. It was believed to begin or Englishman Wilson Harrison. Their books evolved from verbal communication. To “Questioned Documents” and preserve culture and traditions, common “Suspects Documents” is still considered rituals and stories are passed - on from one as definitive works on the subject. generation to another. Verbal communications - Ordway Hilton emphasizes the scientific were later transformed to visual forms through nature of document examination in his book  “Scientific Examination of Document”. - Documents containing alleged fraudulent He further stresses that a document alterations examiner must be a “scientist” and trained - Holograph documents – documents which is in the discovery of facts. completely written and signed by one person (derived from the latin words “holo” means MODULE 2 “whole/entire/complete” and “Graphia” meaning writings or drawings”) LEGAL DEFINITIONS OF DOCUMENT - Documents questioned as to their age or - It is any written statement by which a right date is established or an obligation extinguished. - Documents questioned on the materials (People vs. Moreno, C.A., 38 O.G. 119) used on their production - Every deed or instrument executed by - Documents involving typewriting; and are person by which some dispositions or investigated or examined for purposes of agreement is proved, evidenced or set forth determining: (People vs Nillosquin CA, 338 OG 11 their source - Not a legal document their date Draft if not yet approved by proper whether or not it contains fraudulent authority (ie. municipal payroll) alterations or substituted pages Blank forms of official documents, - Documents which may identify a person (unfilled) through handwriting Pamphlets or books which do not - Genuine documents erroneously or evidence any disposition or agreement fraudulently attacked or disputed. (merchandise) CLASSES OF DISPUTED SIGNATURES Forgery - It is committed by any person who, DOCUMENTARY EVIDENCE with intent to defraud, signs the name of - Any media by which information can be another, or a fictitious person, knowing that he preserved and introduced as evidence in a has no authority to do so, or falsely makes, court proceeding alters, forges or counterfeits any checks, draft, TYPES OF DOCUMENT due bill for the payment of money or property, or counterfeits or forges the seal or - Public Document - Refers to any handwriting of another knowing the same to instrument notarized by a notary public or be fake, altered, forged or counterfeited, competent public official with solemnities required by law. with intent to prejudice, damage or defraud - Private Document – every deed on any person instrument executed by a private person - Forged signatures where no attempt has without the intervention of a notary public or been made to make a copy or facsimile of of any other person legally authorized, by the genuine signature of a person to sign the which document, some disposition on document (simple forgery/Spurious agreement is proved, evidenced or set forth signature) - Official Document – any instrument - Forged signatures of a fictitious person issued by the government or its offices - Forged signatures which closely resembles having the authority to do so and the the genuine signature since they have been offices, which in accordance with their produced by a tracing process (traced creation they are authorized to issue. The forgery) offices must issue the document in the performance of their duties DIFFERENT PROCESS OF TRACING - Commercial Document – any instrument executed in accordance with the Code of 1. Carbon Process or “Carbon Outline Commerce or any Mercantile Law Method” - A carbon paper is placed between containing disposition of Commercial rights the genuine signatures (top sheet) and the or obligations fraudulent document (below). Outline of model signature is traced with dry pen or pointed VARIOUS ASPECT OF QUESTIONED instrument to make a carbon offset on the lower DOCUMENT EXAMINATION sheet. Outline is finally re-written or retraced with suitable ink - Examination of Handwriting Note: Model Signature - A genuine signature which - Examination of typewriting and type prints has been used to prepare an imitated or traced - Detection of alterations forgery - Decipherment of erased writings - Restoration of obliterated writings - Determination of the age of the documents - Identification of the stamps seal and other authentication devices (imprints) - Currency bills and coins and the like - Verification of signatures 2. Indentation Process - An indented or “canal- CLASSES OF QUESTIONED DOCUMENT like” outline of genuine signature is produced on the fraudulent document, with suitable - Documents with questioned signatures (most pressure or force the outline of the genuine commonly encountered class) signature with a pointed instrument. The outline is then directly inked, in some instances the  outline is first retraced lightly with a pencil INSTRUMENTS AND APPARATUS NEEDED IN before it is finally retraced with suitable ink. QUESTIONED DOCUMENT EXAMINATION 1. Magnifying lens-lenses 5X magnifying power with built-in lighting are found to be more useful 3. Projection process or Transmitted Light Process - Spurious document is placed immediately over the genuine signature, with strong light directed through the two sheets of paper from below or behind; outline, which is 2. Stereoscopic Binocular Microscope-a seen through upper sheets, is then traced. microscope where three (3) dimensional enlargements is possible - Forged signatures which resembles the 3. Measuring Test Plate/Transparent Glass genuine signature, written free-hand plate-used for signatures and typewriting. (simulated or copied forgery) - Genuine signatures which the writer are honestly unwilling to accept it as genuine - Genuine signatures which written illegibly or in an unusual manner, to afford signatories some plausible grounds for disclaiming them should they deem it expedient (deliberate) CARE, HANDLING AND PRESERVATION OF DOCUMENTS 4. Table lamps-with adjustable shades like the DO’S AND DON’TS IN THE CARE, HANDLING available “goose neck” lamp. AND PRESERVATION OF DOCUMENTS DO’S 1. Keep documents unfolded in protective 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 and strong light DON’TS 5. Ultra-violet Lamp-used for developing or 1. Do not handle disputed excessively or carry restoring erased writings them in a pocket for a long time 2. Do not mark the document either by conscious writing or printing at them with any writing instrument 3. Do not mutilate or damage by repeated refolding, creasing, cutting, tearing or punching for filling purposes 4. Do not allow anyone except qualified specialists to make chemical or other test; 5. Do not treat or dust for latent fingerprints before consulting a document examine 6. Infra-red Viewer- the used in determining physical difference of the types of papers and ink.  7. Iodine Fuming Apparatus –for developing latent fingerprints and for the restoration of invisible writing. 8. Silver Nitrate Solution Atomizer-used to spray silver nitrate on paper. Also for latent fingerprints (Ninhydrin is another chemical that can be used for the same purposes) 9. Transmitted Light gadget- the lights comes from the beneath or behind the glass on which the paper is placed Note: The following are the three (3) light examinations performed on documents 1. Direct light examination – the light is placed directly on top of the paper 2. Side light Examination/Oblique light examination – the light is placed at one side of the document at 45 degree angle 3. Transmitted light examination – the light is placed behind the or below the paper 10. Paper Thickness Gauge-used for measuring the thickness of the paper 11. Copy Camera-like camera with macro lens