CRI 318 ULOc PDF: Forged Writing Analysis
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The University of Mindanao
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This document is lecture notes. It discusses the examination of forged writing and the establishment of document authenticity. It analyses various concepts of signatures and forgeries.
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College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao...
College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 WEEK 6-7 Big Picture in Focus: ULOc. Apply skills in examining forged writing and establishing authenticity of documents Metalanguage The most essential terms are operationally defined for you to have a better understanding of this section in the course. EVIDENTIAL SIGNATURE. It is not simply a signature – it is a signature, signed at a particular time and place, under particular conditions, while the signer was at particular age, in a particular physical and mental condition, using specific implements, and with a particular reason and purpose for recording his name. FRADULENT SIGNATURE. A forged signature. It involves the writing of a name as a signature by someone other than the person himself, without his permission, often with some degree of imitation. FREEHAND SIGNATURE. A fraudulent signature that was executed purely by simulation rather than by tracing the outline of a genuine signature. THEORY OF COMPARISON. The act of setting two or more signature in an inverted position to weigh their identifying significance, the reason being that those we fail to see under normal comparison may readily be seen under this theory. Essential Knowledge This unit presents the fundamentals of signature examination, types of signature, class of forged signatures and suggested steps in the examination of signature. Further, this unit includes comprehensive discussion of the examination of signatures its indication of forgery and genuineness. 1. EXAMINATION OF SIGNATURES 1.1Identification of Signature College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 1.1.1 What is Signature. A genuine signature is the personal mark of an individual. It normally serves to indicate his/her acceptance of some set of circumstances, or to be the symbol associated with such an agreement. 1.1.2 Kinds of Signature Conventional – the signature which is readable, and the form of letter strokes are complete. Highly Individualized – the signature which is more often not readable and has a series of ornamental strokes. Often deliberately formulated, the person’s signature serves as a “trademark”. 1.1.3Characteristics of Genuine Signature Degree of Skill – Genuine signature even if showing tremors will show some free connecting and terminal strokes made by the momentum of the hand. Firmness of Strokes – In genuine signature, hesitation and pen stops are on natural places. Habitual Speed of Writing – Even in slow and unskillful signature, there will be consistency in speed. Fundamental Muscular Movement – In genuine signature, the upward strokes show more smoothness and freedom of movement that the downward strokes. Pattern of Shading and Pen Emphasis Presence of Natural Variation – As no two signatures are exactly alike, a certain amount of natural variation is expected and consequently allowed for in letter design. Coordination, Continuity and Rhythm Carelessness 1.1.4 Electronic Signature. Electronic digitized signature was produced through digitized tablet with the use of a digital pen which is using signing electronic documents for transactions. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 1.2 Forgery 1.2.1 What is Forgery. The making of a false document with the intent that should be used or acted upon as genuine, and, for the purpose of the law, “making a false document” includes altering a genuine document in any material part. 1.2.2 Indications of Forgery Blunt starts and stops. the forger places the pen point in contact with the paper the start writing. When the writer finish writing i.e. name he will stop the pen and lift it from the surface. At the time the pen has long contact with the paper as contains fluid ink it will wet the said paper. Pen lifts and hesitation. This is an occasion when the pen stops at an unusual point the writing, perhaps where a radical change in direction about to take place or a new letter formation is about to be started. This may take the appearance of a small gap, the written line where one is not expected, or an overlapping of two lines where there should be only on continuous line. Tremor. The creation of the most form of non-genuine signatures are little more than drawings, the pen is moving so slowly that small, almost a microscope changes in direction takes place in what should be a fluid looking line. The result of the line is not as smooth, but reflects the “shaking” pen. Speed and pressure. When the pen is moving slowly rather than with the dynamic movements associated with the most genuine writings, the ink line remains constant and thickness, resulting from the same constant pressure exerted slowly moving pen, and there will be a little any tapering of internal lines. Patching. Infrequently but at one time or another most of us made some error while writing our own signature some individuals may leave the signature alone, caring about the mistakes or imperfection while others simply “fix” the signature by correcting the offending portions. This may be done in order to make the signature more readable or because a defect in the pen or paper has affected on what we perceived to our normal “signature” or for some other reason that may even be subconscious. These “fixes” are usually College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 patent with no attempt made on the part of the signatory to mask or otherwise hide the correction. 1.2.3 Methodology of Forgery. Forgery may be produced by the forger under many processes. It may range from the mere writing of the name without any attempt to resemble the genuine signature, or to the more complicated process of simulation or tracing to produce a close resemblance or facsimile of the genuine signature Spurious Signature (Simple Forgery). Simply defined as the fraudulent writing of the signature of one another in a natural or disguised writing of the forger, the latter exerting no effort to effect a resemblance between the forgery and the genuine signature of the individual whose signature is being forged. In such forgery the forgers simply writes the name in the question with no immaterial attention disturbing his usual writing by adopting a camouflage, commonly reffered to as disguise or distortion. Simulated or Freehand Imitation Forgery. is a freehand of drawing imitation of a model of a signature. There are two basic classes of simulation; the most common involves the use of an actual model document. This model if placed near the document to be forged and the forger copies with pen and pencil and his conception of the form of the genuine signature model, in the manner of the artist of sketching from a live model. A second type of simulation forgery finds the forger without an actual model document at hand. The forger must rely for inspiration on his recollection from past observation of the genuine signature he intends to imitate. If a forger has a strong photographic memory, he may be able to compose a simulation from his mental image. Traced Forgery. Is the result of attempt to transfer to fraudulent document an exact facsimile of a genuine writing by same tracing process. It is impossible to trace even one’s own signature and produce a good result, for this reason that the method itself necessarily interferes with the natural writing movements. o Transmitted Light Tracing College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 o Carbon-Medium Tracing o Pressure Indented Tracing o Tracing Paper Techniques Auto-Forgery Transferred or Transposed Forgery Photocopy Forgery (Cut and Paste Photocopy) Desktop Forgery 2. MISCELLANEOUS ASPECTS OF QUESTIONED DOCUMENTS 2.1 Alteration. Any changes which give the document a different effect from that which is originally possessed. 2.1.1 Kinds of Alteration Interlineations Superimposition Cancellation Erasure 2.2 Obliteration. Is the process of writing over text with the intention of hiding or destroying the original information. To obliterate means to blot out so as not be readily or clearly readable. 2.3 Erasure. This is most commonly done by erasing individual words, phrases, letters, or numbers. 2.4 Indented Writing. Are impressions of the original made in the next sheet of paper in a pad. These indentations or impressions may not be visible with College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 unaided eye but can be viewed using an electrostatic detection apparatus (ESDA) 2.5 Charred Documents. A document that has become blackened and brittle by burning or exposure to excessive heat is classified as charred document. Charred document can be expected in cases of accidental fire, intentional fire and arson, insurance and financial matters and leaking of examination papers, etc. 2.6 Paper and Questioned Document. A thorough investigation of a questioned document re- quires that the paper be thoroughly examined in every particular, and, if possible, traced to its source and positively identified, but in many cases only a superficial and hasty examination is made. 2.7 Writing Instruments. The effect of the writing instrument upon writing as a means of identifying it may have an important bearing as evidence in a case of disputed writing. It is often alleged that writing was produced in a certain manner or in a certain position and with a particular pen or pencil, or with the writing instrument in a particular condition, and since it is sometimes known with what instrument and under what conditions the writing was done if it is genuine, it is important to consider the intrinsic evidence in the writing itself pointing to the instrument or the conditions under which it was produced. 2.8 Ink and Questioned Document. The composition of inks in writings on paper is determined by the application of various chemical reagents the color reactions of which are known as applied to different classes of inks. 2.9 Forensic Photography and Questioned Document Examination. In the first place every questioned document should be promptly photographed in order that a correct and permanent record may be made of it and its condition. The photographic record may be of great value in case of loss or mutilation of the original document or in the event of any fraudulent or accidental changes being made in it or of any changes due to natural causes. Photographs should also be made of disputed documents for the more important reason that they may be of great assistance in showing the fraudulent character of the papers, or on the contrary may be of distinct value in establishing the genuineness of documents wrongfully attacked. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 3. TYPEWRITING AND TYPE-PRINT EXAMINATION 2.1 Identification of Typewriting. Identification of typewriting is done primarily to determine the make and/or model of the typewriter used to produce a document, or whether or not a particular suspect typewriter might have been used to produce a document. Typewriting identification is generally requested in order to determine: 2.1.1 The type, make, and model of the machine that produced the questioned document 2.1.2 Whether a particular typewriter produced a specific document 2.1.3 When the questioned document was produced 2.1.4 Whether the typed material was produced 2.2 Historical Background of Typewriter. The invention of the typewriter was one of the most vital and revolutionary inventions of the 19th century. Christopher Latham Sholes invented the typewriter in the year 1867. However, it was introduced commercially in the year 1874. Although, it took around 10 more years to commonly used it in offices. But once people used it, this became a necessity. In the year 1575, a person Francesco Rampazetto invented the first-ever machine to impress letters on the paper. He was an Italian person and worked on a printing press. Although the first typing device was different than the typewriter, we found in offices in the 19th century, we can say this was the first typing instrument. Then after a long time in the year 1714, an English inventor Henry Mill design and patented the first typewriter. In the year 1802, an Italian person Agostino Fantoni designed a special typewriter for his blind sister. Another Italian person Pellegrino Turri invented the carbon paper and used it in his own designed typewriter in the year 1808. In the year 1829, an American inventor William Austin Burt patented his designed typing machine and named it Typographer. Typographer was a rectangular wooden box that uses rotating levers to impress letters on a paper. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 In the year 1855, an Italian inventor Giuseppe Ravizza created a small typing machine that allows the typist to see the writing process. Ten years letter in 1865, an American person John Pratt developed another typing machine and named it Pterotype. In the 19th century, many people of Europe and America designed several models of writing machines, but none of them was able to produce it commercially. The first commercial typewriter was Hansen Writing Ball. Rasmus Malling- Hansen designed this in the year 1865. It was the first writing machine that used its own letters arrangement to type fast. In this machine, the paper was attached to a cylinder that rotates under the writing head. Although it was first commercially manufactured typewriter, it didn't get that much popularity due to its impractical design. The first commercially successful typewriter was designed by Christopher Latham Sholes, Frank Haven Hall, Carlos Glidden, and Samuel W. Soule. On 1st March 1873, they manufactured the first commercially successful typing device which used the QWERTY keyboard layout. This device was very similar to a sewing machine. It uses the basic QWERTY layout but unable to type lower-case letters. The typing process was done inside the machine so the typist could not see what he typed. Later in the year 1880, another small typewriter (Index typewriter) was commercially produced. This typewriter was smaller and lighter than the Sholes and Glidden’s typewriter. Although the Index typewriter was cheaper than Sholes typewriter, they are unable to market it properly. Dr. Thaddeus Cahill designed the first electric typewriter. He designed the prototype of an electric typewriter in the year 1892 and got the patent in 1896. He used two individual keyboards to build that machine. Later in 1902, Blickensderfer Manufacturing Company developed another electric typewriter. But the impractical design causes the failure of that machine. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 In the year 1910, Charles L. Krum and Howard Krum make the first commercially successful electric typewriter, Morkrum Printing Telegraph. It was a machine that used a wheel to impress the letters on the paper. Later teletypewriter used this machine to print remotely sent messages. James Fields Smathers, an American inventor, invented the power-operated typewriter in 1914. After several modifications, he delivered a successful model in the year 1920. In the year 1923, he handed over this device to the Northeast Electric Company. Later Northeast developed the machine and produced Remington Electric typewriter in the year 1925. This model was quite successful and sold over 2000 unit. In 1928 General Motors took over Northeast Electric and created Electromatic Typewriter. In 1929, they produced the first Electromatic Typewriter. In the year 1933, IBM acquired Electromatic Typewriters Inc and invested 1 million USD to redesign the basic typewriter. After that, in 1935 IBM launched its first typing device, the Model 01 IBM Electric Typewriter. It was the first successful electric typewriter in the United States. In 1941, IBM launched Model 04 which could adjust Leading, Kerning, and Tracking. In 1961 IBM introduced its revolutionary IBM Selectric typewriter. It used a typeball to print letters on the paper. It was a completely new concept and the typeball was replaceable. It was a fast and jam-free typing machine. IBM introduced its first interchangeable cartridges (two-color) version in the year 1973. In the 70s decade, IBM and other typewriter manufacturers started to develop a hybrid version of typewriter and printer. These machines used the dot-matrix mechanism to print letters on the paper and could correct the typo. This was the last phase of development of the typewriter. In the late 70s, the production and development of the typewriter was slowdown rapidly because of the increasing popularity of the personal computer. In 1981, the Xerox Corporation introduced a unique and most advanced typewriter. That has dedicated processors, RAM, external memory-storage, College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 single-line LCD screen.Also, this has an advanced feature, spelling, and grammar checker. Later Brother Industries Ltd, Canon, Smith-Corona and Philips introduce their version of electronic typewriters. In 1991, IBM sold its typing division to Lexmark. As the personal computer and printers gain its popularity, the typewriter slowly becomes obsolete. Although it is recorded that Christopher Latham Sholes invented the typewriter, several individuals gradually develop it. Many people gradually developed this wonderful device. 2.3 Kinds of Typewriters and Typeprints 2.3.1 Standard. Standard typewriters are in specific and standard sizes, viz, foolscap, brief and policy size. Foolscap size is commonly used in every office. Continuous stationery device is attached to the standard typewriter, which facilitates neatly performance of any paperwork. Front feed device is attached to the standard typewriter for preparing cheques, invoices and the like. Number of copies can be taken out without carbon paper if carbon — ribbon attachment is fitted to it. Card holding attachment is fixed to standard typewriter for preparing staff cards. 2.3.2 Portable. This type of typewriter is highly useful for individual purpose. It has less weight so that it can be carried to any place. It is only three- or four-inches height. It can be kept at any place since it requires less space. It can be put in brief case during travels. 2.3.3 Noiseless. A special type of bar is used to reduce the noise of the impact of the type bar upon the page. This type of typewriter is used if many typists are working together in a business office. The cost of this typewriter is slightly higher than the cost of ordinary typewriter. It is not good for multicopy work. 2.3.4 Electric. The electric power is used to operate this type of typewriter. An electric motor is attached to the standard typewriter. Mere touching a key is enough to operate the typewriter. This typewriter requires only one-fourth energy of typist for operation. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 2.3.5 Variable. A single typewriter has variety of style and size of letters. These style and size of letters are adjusted according to the requirements. The type of letters may be italic, small size, big size etc. If the correspondence is little, big size letters are used and vice versa. This is useful particularly in preparing reports where different styles of types can be used to distinguish one set from another. 2.3.6 Automatic. This typewriter automatically types a standard matter from a previously punched or stenciled master. The non — standard matter of names and communication address may be inserted at appropriate places by a selective device. One hundred fifty words per minute can be typed with the help of this typewriter. Power is used to operate this typewriter. It saves time and energy of typist. A single typewriter can do the work of three typists. The cost of the typewriter is high. 2.3.7 Electronic. The invention of electronic typewriter is a revolution in the typing history. The reliability of this typewriter is achieved by the attachment of microprocessor technology. In this way, this typewriter is a thinking machine. It is completely automatic and obeys commands relating to typing work. The command key, when pressed, does the work like space adjustment, alignment of paper, centering etc, automatically. 2.3.8 Typewriter with Additional Attachment. Some attachments have been introduced for special typing jobs. Continuous stationery may be attached for typing the matters continuously. A front feed may be attached to prepare cheques, receipts, order, quotation and the like. The card holding attachment enables the typist to insert stiff labels and cards in the typewriter and type them with ease. Carbon roller equipment may be attached to type the copies without the use of carbons. 2.3.9 Special Purpose Typewriters. Tabulation typing, scientific formulae, statistical reports etc. are prepared with the help of special purpose typewriter. Tables, formulae, formats etc., are typed by using dual unit typewriter. The hectograph carbon role typewriter is used to produce master sheets for hectograph duplicating machine. The flat bed typewriter is used for typing directly into found books. College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 2.4 Types of Typewriters 2.4.1 Conventional typewriters using type bars Pica Type – 10 letter/inch Elite Type – 12 letters/inch 6 letters/inch Teletype Machine 14-16 letter/inch 2.4.2 Typewriter using single element or ball. A machine, capable of typing 10 or 12 characters per inch. Change of horizontal spacing is done easily by the flip of a switch. 2.4.3 Typewriter using a print wheel. This has a disc type device called a print wheel. The printwheel contains all of characters represented on the typewriter keyboard. This machine has the capability of typing 10, 12 and 15 letters per inch. 2.5 Basis of Typewriting Identification. Although modern computer printers have, almost exclusively, replaced the traditional typewriter, still on occasion typewritten anonymous notes, threatening letters, extortion requests, and altered contracts are the active portion of a questioned document case. While typewriters are often thought of a single piece of equipment, many machines are often a combination of machine, type-element, and single or multiple-pass ribbon. This genre of machine may be more appropriately referred to as a “typewriting system.” While each major component may enjoy its own identifying characteristics, the possibility of interchanging components between similar models normally renders the possibility of identifying a specific typewriting system to a suspect typewritten letter a rather remote prospect. In cases where a computer and printer are involved, the identification process is so remote as to be almost non-existent. Many times, for instance, the ability to even distinguish between a laser printer, photocopier, scanner, and facsimile machine cannot be reliably accomplished. In fact, many multipurpose College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 machines that encompass all four processes are in common use in today’s office environment. Their output is essentially the same. 2.6 Typeface Defects 2.6.1 Horizontal Mal alignment 2.6.2 Off its Feet 2.6.3 Permanent Defect 2.6.4 Platen 2.6.5 Proportional Spacing Typewriter 2.6.6 Rebound 2.6.7 Ribbon 2.6.8 Ribbon Impression 2.6.9 San-serif 2.6.10 Serif 2.6.11 Transitory Defects 2.6.12 Typeface Defects 2.6.13 Twisted Letter 2.6.14 Vertical Mal alignment 2.6.15 Warp 2.6.16 Woof 2.7 Points to Consider in Preparing Standards of Typewriting College of Criminal Justice Education 2nd Floor, GET Building Matina Campus, Davao City Telefax: (082) 300-5456 Local 103 2.7.1 Examine the ribbon. 2.7.2 Use the same size of questioned materials, same word, typographical errors & same degree of touch. 2.7.3 Prepare the standard while the typewriter is in stencil position. 2.7.4 State the make, model, serial number, date & initial of the officer. 2.7.5 Typewriter should be kept in current condition. Self-Help: You can also refer to the sources below to help you further understand the lesson: Alvarez, MG P. (2013). Forensic Examination of Questioned Documents, Chapter House Publishing Inc., Novaliches, Quezon City Mendoza G B, (2012). The questioned document examination and practices. Wiseman’s Books Trading, Inc. Quezon City. Buker, H (2012). *Fraudulent Forensic Evidence: Malpractice in Crime Laboratories. LFB Scholarly Publishing LLC Danesi, M (2014). *Mouton Textbook: Signs of Crime: Introducing Forensic Semiotics. De Gruyter Mouton USA. Machado, H (2012). *Tracing Technologies: Prisoners' Views in the Era of CSI. Ashgate Publishing Group Ubelaker, D H (2012). *Forensic Science: Current Issues, Future Directions. John Wiley & Sons http://site.ebrary.com/lib/uniofmindanao/docDetail.action?docID=10605333