Questioned Document Examination Notes PDF

QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims INTRODUCTION TO QUESTIONED relies as to the extent of the problem. (also DOCUMENTS referred to as dispute...

QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims INTRODUCTION TO QUESTIONED relies as to the extent of the problem. (also DOCUMENTS referred to as disputed document). DOCUMENT STANDARD DOCUMENT Any material containing marks, symbols, or signs Document in which the origin is known can be either visible, partially visible that may present or proven and can legally be used as sample to ultimately convey a meaning to someone, maybe compare with other things is questioned. in the form of pencil, ink writing, typewriting, or TYPES OF STANDARDS/EXEMPLARS printing on paper. COLLECTED/PROCURED STANDARD ETYMOLOGY OF THE WORD ”DOCUMENT” Standard specimen executed in the regular course - Latin word Documentum means “lesson” of man’s activity or that which are executed on the or “example” day-to-day writing activity. - French word Docere means “to teach” REQUESTED/DICTATED (POST LITEL MOTAM LEGAL CLASSIFICATION OF DOCUMENTS STANDARD) 1. PUBLIC DOCUMENT a Standard document which are executed upon A document created, executed or issued by a request, they are prepared at one time. public official in response to the exigencies of the DOCUMENT CAN BE public service, or in the execution of which a public official intervened. Questioned – Any document about which some issues have been raised or which is under scrutiny. - Is any instrument authorized by a notary public or a competent public official, with Disputed – Suggests that there is an argument or the solemnities required by law ( Cacnio , controversy over the content of the document. et.al. vs. Baens, 5 Phil. 724). Therefore, Disputed document is always a questioned document, while Questioned 2. OFFICIAL DOCUMENT document is not always a disputed document A document which is issued by a public official in Classes of Questioned Document the exercise of the functions of his office. An official document is also a public document as a a) Documents with questioned signatures larger classification. (common) ex. Legal papers, checks, will. Deeds, etc. 3. PRIVATE DOCUMENT b) Document containing alleged fraudulent alterations ex. Erasures, additions, A deed or instrument executed by a private person interlineations, or substitution. without the intervention of a notary public or other c) Holograph document person legally authorized, by which documents, d) Documents questioned as to their age or date. some disposition or agreement is proved, e) Documents questioned the materials used in evidenced or set forth. (US Vs. Orera, 11 Phil 596) their production. e.g. Theater Ticket. f) Documents involving type writings are 4. COMMERCIAL DOCUMENT investigated or examined for purposes of determining the source, date and whether it Any document defined and regulated by the Code contains fraudulent alterations. of Commerce ( People Vs. Co Beng, C.A. 40 OG g) Documents which may identify a person 1913) or any other commercial law. through handwriting ex. Anonymous letters such as extortion notes, threat, ransom notes. QUESTIONED DOCUMENT Registrations and applications. Document to which an issue has been raised or h) Genuine documents erroneously or which is under scrutiny. The focal point of the fraudulently attacked or disputed. examination and to which the document examiner 1  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims CLASSES OF DISPUTED DOCUMENT intelligent police investigator can detect almost 75% of all forgeries by careful inspection of a FORGERY – Is the process of making, adapting, or document with simple magnifiers and measuring imitating objects, statistics, or documents with tools. the intent to deceive. 2. Handwriting Examination SIMPLE FORGERY – Forged signature where no attempt has been made to make a copy or Find out who is the author of the writing facsimile of the genuine signatures of the person - Requires a long study and experience purporting to sign the document SUBJECTS OF QUESTIONED - Forged signature of a “fictitious” person. DOCUMENT EXAMINATION HANDWRITING A simple forgery is one in which no attempt has i. Examination been made to imitate a genuine signature. It may (Graphology/Graphoanalysis) be the signature of a particular person, or it could Examination of signatures and initials be a fictitious name. Examination of anonymous letters - is the easiest type of forgery to identify Hand printing examination because it does not resemble a known signature. ii. Examination of typewriting and type prints TRACED FORGERY – Forged signature which iii. Examination of Inks closely resemble the genuine signature since they iv. Examination of Erasures, alterations or have been produced by tracing process. obliterations, etc. SIMULATED OR COPIED FORGERY – Forged Detection of alteration signature which resembles the genuine signature, Decipherment of erased writings written free hand. Restoration of obliterated writings v. Counterfeiting GENUINE SIGNATURES – which writers are honestly unwilling to accept as genuine. Examination of currency bills and coins and the like. ALTERATIONS Examination of fake documents - Determine whether or not changes were vi. Miscellaneous aspects made through erasures, obliterations, Determination of age of documents interlineations, substitutions etc. Identification of stamps - Whether alterations were done during the Examinations of seal and other preparations of the document or after authenticating devices execution of the document DOCUMENT EXAMINATION - Whether different ink or paper was used in altering the document VALUE COUNTERFEITING I. In the commission of a crime, the criminal often finds it necessary to employ one or - Determining the workmanship of each more documents in furtherance of his act. denomination as to whether it is genuine II. In some crimes, such as forgery, the or counterfeit document is an integral part of the crime. - Familiarize basic feature of bank notes III. In others, such as false claims against and coins government, documents often play an TWO BROAD CLASSES OF important part in proving the commission of QUESTIONED DOCUMENT the crime. IV. Proof of the fact that a document was altered 1. Criminalistic Examination or made by a particular individual may show For detection of forgeries, alteration and that: obliterations Dr. Wilson Harrison, a noted British a. He committed the crime. Examiner of questioned documents said that an b. He had knowledge of the crime. 2  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims c. He was present in a certain locality at a WHO IS A QUESTIONED DOCUMENT EXPERT? specified time. A Questioned Document Expert is one who has: PURPOSE - Attained the appropriate education and - Identity of the author. training - True contents of the document. - Sufficient knowledge on the technical, - Origin of the instrument or paper used in scientific, and legal aspects of document making the document. examinations - Alterations or erasures which have been - A broad experience in handling made. questioned document cases. - Authenticity of the document REASONS FOR UTILIZING A QUESTIONED QUESTIONED DOCUMENT EXAMINATION DOCUMENT EXPERT: VS. GRAPHOLOGY Assurance of preparedness Questioned document examinations involve a Trial fiscal or judges are infrequently comparison of the document, or aspects of the confronted with document cases; document, to a set of known standards (i.e., consequently, they do not possess the authentic specimens). knowledge of the documents expert's ability of the various methods that exist - The goal of the forensic document for determining forgeries. examiner is to systematically evaluate the is usually a conclusion that is not based attributes and characteristics of a on thorough scientific examination document in order to reveal how it was prepared or how it may have been modified. On the other hand, Graphology is mostly a psychological discipline and aims to find a connection between a person’s writing and personality. - A graphologist analyses handwriting to discover skills and aptitudes of the author PNP PROCESS ON QUESTION DOCUMENT of the written text, and about his EXAMINATION psychological and emotional state Document examinations performed by the PNP- DOCUMENT EXAMINATION QDED are based on written requests from WHO CONDUCTS THE PRELIMINARY government agencies, private investigating EXAMINATION agencies, court orders, as well as private requesting parties. It should be conducted by a QUESTIONED DOCUMENT EXPERT. - However, documents previously examined by any competent government agency are not re-examined 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, 2016) | 3  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims only. Magnifying lenses of five times or more magnifying power, with built-in-lighting are more useful. SHADOWGRAPH a pictorial image formed by casting a shadow, usually of the hands, upon a rightful surface or screen. STEREOSCOPIC BINOCULAR MICROSCOPE A tri-dimensional (3D) enlargement is possible. Measures and test plates (transparent glass) those used for signatures and type writings. TABLE LAMPS WITH ADJUSTABLE SHADES (GOOSE NECK LAMPS) used for controlled illumination; needed in sidelight examination wherein light is placed at a low angle in a position oblique to plane or --- end of topic --- document. FALSIFICATION TRANSMITTED LIGHT GADGET FALSIFICATION OF DOCUMENTS a device where light comes from beneath or behind glass on document is placed. Falsifying a document means to make a document appear to be genuine. This may occur when a ULTRAVIOLET LAMP document is altered to appear as if it was authorized, signed, or created by someone who This is usually used in the detection of did not actually authorize, sign or create it. counterfeited bills but can actually be used to detect security features of qualified documents. CLASSIFICATIONS OF FALSIFICATION Infrared Viewer primarily used to decipher writings FORGERY in a charred document. The act of imitating something (imitation) COMPARISON MICROSCOPE ALTERATION. similar to that of the bullet comparison microscope The act of changing something (change by means of erasures, additions, substitution, etc.) TECHNIQUES IN THE EXAMINATION OF QUESTIONED DOCUMENTS REASONS OF FALSIFICATION MICROSCOPIC EXAMINATION Fraudulent monetary gain Misleading Investigations/Investigators Any examination or study which is made with the Concealing a Person’s True Identity microscope in order to discover minute physical Preventing True Facts from coming out to light details. Stereoscopic examination with low and INSTRUMENTS AND APPARATUS USED IN high-power objectives is used to detect QUESTIONED DOCUMENT EXAMINATIONS retouching, patching and unnatural pen-lift in signature analysis. With proper angle and intensity MAGNIFYING LENS or illumination, it aids in the decipherment of erasures, some minute manipulations not Bank personnel and other people involved in perfectly pictured to the unaided eye and the currency examinations usually use and ordinary sequence of entries done by different writing hand-lens; the maximum diameter of which is four instruments. inches, and this appears big with its wide frame it has a magnifying power of two times the original 4  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims TRANSMITTED LIGHT EXAMINATION each of these advances has made communicating more universal, the ability to write legibly is still a In this examination, the document is viewed with skill needed by all members of society. the source of illumination behind it and the light passing through the paper. Handwriting is one of the most useful skills. A person who has learned to write can put Documents are subjected to this type of thoughts on paper for the others to read. examination to determine the presence of Handwriting plays a vital part in erasures, matching of serrations and some other communication and is one of the most types of alterations. important ways in keeping ideas ready for use. People can forget but handwriting helps to OBLIQUE LIGHT EXAMINATION remember An examination with the illumination so controlled People can move to another town or city, but that it grazes or strikes the surface of the handwriting lets them “talk” to one another document from one side at a very low angle. WHAT IS HANDWRITING? Decipherment of faded handwriting, determination of outlines in traced forgery, Handwriting – A visible EFFECT of bodily embossed impressions, etc. are subjected to this movement which is an almost unconscious type of examination. expression of certain ideas associated with script form. PHOTOGRAPHIC EXAMINATION Writing – A visible RESULT of a very complicated This type of examination is very essential in every series of acts, being as a whole or a combination document examination. Actual observations are of certain forms which are very visible result of recorded in the photographs mental and muscular habits acquired by long INFRARED EXAMINATION painstaking effort This examination of documents employs invisible WHAT IS HANDWRITING IDENTIFICATION? radiation beyond the red portion of the visible The examination of disputed handwriting may be spectrum (rainbow) which is usually recorded on a the progenitor of forensic science. specially sensitized photographic emulsion. Certainly, it is one of those rare disciplines to have ULTRA-VIOLET EXAMINATION evolved out of forensic necessity, rather than as a discipline established first in its own right for other Ultraviolet radiation is invisible and occurs in wave lengths just below the visible blue-violet end of the reasons, and later harnessed for forensic tasks. spectrum (rainbow). These visible rays react on WRITING CHARACTERISTICS (I.E., HABITS) HAVE some substances so that visible light is reflected, BEEN COMMONLY DESCRIBED AS BEING OF a phenomenon known as FLOURESCENCE. TWO TYPES: This type of examination is done in a darkroom 1. Class characteristics – These are after the lamp has been warmed up in order to give characteristics which are common to a a maximum output of the ultra-violet light. group such as a particular writing system, Exposure to the ultra-violet light should be to the family grouping, foreign language system, minimum duration in order to avoid fading of some or professional group. writing ink and typewriter ribbon. 2. Individual characteristics – These are --- end of topic --- characteristics which are personal or peculiar letters or letter combinations, HANDWRITING IDENTIFICATION which, taken together, would not occur in the writing of another person IMPORTANCE OF HANDWRITING Factors Affecting the Handwriting of a Person Handwriting is one of the most important means of communication used by humans even with 1. Mechanical Factors – such as the writing instrument, the quality of the paper, the writing modern society's dependency on computers, surface, the position of the writer when writing faxes, and telephones to communicate. Although (standing, sitting, or trying to write under adverse 5  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims conditions), poor lighting and other unsatisfactory TWO KINDS OF MUSCLES IN THE HAND WHICH conditions FUNCTIONS IN THE ACT WRITINGS 2. Time Span – the child’s handwriting changes dramatically upon reaching adolescence; adults EXTENSOR – a group of muscles which pushes the continue to gradually change their handwriting pen up to form the upward strokes (thumb). over the course of his life; the elderly’s handwriting skill may decline due to impaired coordination and FLEXOR – a group of muscles which pushes the loss of muscle control pen down to form the downward strokes. 3. Health – such as illness and injuries, medication, STAGES OF HANDWRITING DEVELOPMENT substance abuse, physical handicaps, severe stress and long-term debilitating illness FIRST STEP – Imitation. By process of drawing, 4. Blindness – poor eyesight can interfere with one’s painstaking, laborious slow copying of letter handwriting ability forms. The FORM of each letter at first occupies 5. Mental Health – writing of mentally ill people may the focus of attention. deteriorate into illegibility; Mental depression affects the handwriting but does not diminish or SECOND STEP – Execution. As the person destroy the habitual characteristics progresses, the subject matter of form recedes 6. Drugs and Medication – undesirable side effects and the focus of attention is centered on the can distort handwriting EXECUTION OF VARIOUS LETTERS, they are 7. Alcohol and Drug Abuse – alcohol reduces actually written and not drawn. inhibitions causing larger, more rapid and slurred handwriting; alcoholism causes uncontrolled THIRD – Subject Matter. As the person attains muscular movement, jerking, and tremor; drug maturity in writing by many repetitions or practice, abuse can alter handwriting writing becomes unconscious coordinated 8. Accidental Strokes – aberrations that occur as the movement that produces a record. Attention is no result of a transitory incident, such as someone bumping the writer’s arm or a crumb on the table longer given to the process of writing itself under the writing paper because the SUBJECT MATTER to be written now 9. Guided Hand – occurs when the writer gets occupies the focus of attention. support from another person when attempting to write; rare and usually involves the infirm KINDS OF HANDWRITING 10. Tremor In Handwriting – involuntary, rhythmic, Manuscript – A handwriting often learned by and recurrent movement of the pen from side to school children who are just beginning to write. It side; instant changes from the desired direction of looks much like printing in a book. Each letter is the pen lines; attributed to nervous impulses straight up-and down, and not joined to the next affecting the muscles indicating loss of control of the pen Cursive – A handwriting often learned by school AGRAPHIA - THE LOSS OF THE ABILITY TO WRITE children who are just beginning to write. It looks much like printing in a book. Each letter is straight PHYSIOLOGICAL BASIS OF HANDWRITING up-and-down, and not joined to the next. The impulse to form a letter begins in the CORTEX BLOCK (the center which is akin to the brain area) which controls the vision, hearing, talking and walking and it guides the muscles of the hand as they weave through the complex movement that makes the words. a) In writing, the PEN (or any writing instruments) functions as an extension of the hand. b) Four Groups of Muscles Employed in Handwriting Joints of the Fingers Wrist Elbow SCRIPT Shoulder 6  QUESTIONED DOCUMENT EXAMINATION SANTIAGO BFSCI |Prelims Old Round Hand – Garland connections with scribes (extra short strokes) and rounded letter. Very readable but would take time to write. EX. LEGIBLE ILLEGIBLE Modern Vertical – Whether connected or disconnected, the emphasis is on vertical position EX. CALLIGRAPHIC – The art of beautiful handwriting Angular – Letter are made of angles. Even letter “o” connections are angular. EX. CACOGRAPHY – The art of bad writing Examination of Handwriting Purposes of Handwriting Examination To Determine Whether or Not a Writing in Dispute is a Forgery. The writing is usually denied; therefore, the examiner’s job is to find out whether it is genuine or a forgery To Determine whether or not a Writing in Dispute is that of a Suspected Author. A question of authorship is the problem intended for the examiner to solve. This arises when a writing is disguised to hide the true identity of the author is different from a suspected GENERAL SYSTEM OF HANDWRITING 7