CHAPTER 1
CONCEPT OF QUESTIONED DOCUMENT Document Defined
Generally, defined as any material containing marks, symbols, or signs either visible, or partially visible that may present or ultimately convey a meaning to someone, maybe in the form of pencil, ink writing, typewriting, or printing on paper.
Legal Definitions of Document
1 Any written document by which a right is established or an obligation is extinguished (People vs. Moreno, CA, 338 O.G. 119);
2 Every deed or instrument executed by person by whom some disposition or agreement is proved, evidenced or set forth (People vs. Nillosquin, CA, 48 O.G. 4453) ;
3 In relation to Criminal Jurisprudence under the Best evidence rule, document refers to any physical embodiment of information of ideas (e.g. a letter, a contract, a receipt, a book of account, a blue print, or an X-ray plate)
Kinds of documents
a PUBLIC DOCUMENT- notarized by a notary public or competent public official with solemnities required by law. (Cacnio vs. Baens, 5Phil.742)
b OFFICIAL DOCUMENT- issued by the government or its agents or its officers having the authority to do and the offices, which in accordance with
their creation, they are authorized to issue and be issued in the performance of their duties.
c PRIVATE DOCUMENT- executed by a private person without the intervention of a notary public or of any person legally authorized, by which documents some disposition or agreement is proved, evidenced or set forth (US vs. Orera, 11Phil.596).
d COMMERCIAL DOCUMENT- executed in accordance with the Code of Commerce or a Mercantile Law, containing disposition of commercial rights or obligations.
If a private document is intended to
become a part of the public record and falsified prior thereto, the crime committed is falsification of a public document
Writings Which Do Not Constitute Document
a A draft of a Municipal payroll which is not yet approved by the proper authority (People vs. Camacho, 44Phil. 484)
b Mere blank forms of official documents, the spaces of which are not filled up (People vs. Santiago, CA, 48 O.G. 4558)
c Pamphlets or books which do not evidence any disposition or agreement are not documents but are mere merchandise (People vs. Agnis, 47 Phil. 945)
Questioned document is one in which the facts appearing therein may not be true, and are contested either in whole or part with respect to its authenticity, identity, or origin. It may be a deed, contract, will, election ballots, marriage contract, check, visas, application form, check writer, certificates, etc.
Questioned document examination is a branch of forensics which focuses on the analysis of documents which are disputed. A questioned document examiner will look at the document in question and use a variety of techniques to analyze it, and he or she may even be called as a witness in a case, depending on the outcome of the examination.
Disputed Document
Disputed Document is a term suggesting that there is an argument or controversy over the document, and strictly speaking this is its true meaning.
Goal of Questioned Document Examination
When a questioned document examination is ordered, the first goal is to determine whether or not the document is genuine. Once the veracity of the document can be proved or disproved, the
questioned document examination focuses on
identifying or eliminating potential authors of the document. The examiner will then produce a complete report, discussing the findings and their ramifications, and he or she may be asked to testify in court about the document.
In comparison of questioned document, what constitute sufficient number of similarity?
There is no set of standard to constitute a sufficient number. Instead, it's up to each expert to say what constitutes a sufficient number.
Requirements to Become A Questioned Document Examiner The courts (State v. Evans 1991) have decided that a person needs both: study and practice - that is, a period of training (internship or apprenticeship is better than a self-study course) and a period of experience (twenty some previous cases worked on is a good average).
Meant by the term “EXPERT WITNESS”?
A legal term used to describe a witness who by reason of his special training or experience is permitted to express an opinion regarding the issue, or a certain aspect of the issue, which is involved in a court action.
Who are DOCUMENT EXAMINERS?
One who studies scientifically details and elements of documents in order to identify their source or to discover other facts concerning them
Divisions of Questioned Document Examination?
a Criminalistic Examination- involves the detection of forgery, erasure, alteration or obliteration of documents.
b Handwriting Investigation /Analysis- more focused in determining the author of writing.
Classes of Questioned Document
The following are the general classification of QD.
a Documents with questioned signatures;
b Questioned documents alleged to have been containing fraudulent alterations;
c Questioned or disputed holographic wills;
d Documents investigated on the question of typewriting;
e Questioned documents on issues of their age or date;
f Questioned documents on issues of material used in their production; and,
g Documents or writing investigated because it is all alleged that they identify some persons through handwriting.
Scientific Methods In Questioned Document Examination
a Analysis (Recognition)- properties or
characteristics, observed or measured.
b Comparison- Properties or characteristics of the unknown determined through analysis are now compared with the familiar or recorded properties of know items.
c Evaluation- Similarities or dissimilarities in properties will each have a certain value for identification, determined by its likelihood of occurrence.
CHAPTER II EXEMPLAR Concept of the Term Exemplars
Exemplar is a term used by some document examiners and attorneys to characterize know materials. Standard is the older term. Standard documents are condensed and compact set of authentic specimens which, if adequate and proper, should contain a cross section of the material from a know source. “Standard” in questioned documents investigation, means those things whose origins are known and can be proven and which can be legally used as examples to compare with other matters in question.
To help the document examiner support her opinion satisfactorily to the court, provide her with as many valid exemplars as possible at the beginning of the case. Exemplars, also called standards, are legally admissible authentic samples of handwriting used for comparison with questioned writing. They are used by the document examiner to enable her to form an opinion concerning the authenticity of handwriting in dispute. There are two kinds of exemplars (informal which are documents previously executed and known to be genuine) and formal (which are request writing samples). Exemplars are also called known handwriting samples.
Handwriting identification depends on the quality of the known writing. One of the most important steps in the investigation of suspected or disputed writing is the procurement of sufficient genuine writing samples. Legal advisers and investigating officers must be able to anticipate the document examiner's needs in the way of comparative material. Sufficient suitable material facilitates the work of the expert in establishing the master pattern or habits of the writer in order to avoid errors and in conclusions. A document examiner who must work with insufficient writing has a more difficult task and may not be able to draw adequate conclusions from the limited material.
Informal handwriting exemplars (Collected Standards) are more reliable for comparison purposes than request writing. Since informal writing was written in the normal course of business, it more accurately reflects the subconscious habits of the writer. Self-consciousness or conscious-awareness enters into the request writing process. Even when there is no attempt to disguise request writing, it may not represent the normal subconscious habits of the writer.
If informal exemplars are not sufficient or suitable for comparison purposes, request writing should be taken from the victim as well as any suspects. Often the only way to obtain comparable handwriting samples is through request writing. There are some disadvantages to request writing that must be taken into consideration.
a Collected Standards are KNOWN (genuine) handwriting of an individual written in the course of daily life, both business and socials.
b Request standards are signature or other handwritings (or hand printings) written by an individual upon request for the purpose of comparison with other handwriting or for specimen purposes.
c Post Litem Motan Exemplars- writings produced by the subject after evidential writings have come into dispute and solely for the purpose of establishing his contentions.
Disadvantages of Request Writing Samples
Request writing taken after the incident may not be as close to the date of the questioned writing as informal documents executed in the normal course of business. Courts consider request writing taken after the fact as self-serving and may not allow it. Some writers will deliberately disguise their request handwriting. The person taking the request writing needs to take this into consideration. Suggestions for taking request writing are covered later in this chapter.
It may be difficult or impossible to duplicate the writing environment of the suspect document in order to obtain comparable documents. The writer may not be available for request writing or circumstances may have caused changes that make it impossible to obtain similar request writing samples.
SUGGESTED PROCEDURE FOR TAKING REQUEST HANDWRITING STANDARDS IN ALL TYPES OF QUESTIONED-DOCUMENT PROBLEMS:
a Let subject seat in a natural position at table or desk having smooth writing surface.
b Furnish subject with paper and writing instrument similar to those used in questioned writings, lie; paper should be same size, and ruled or unruled; as questioned document.
c Never permit the subject to see any writing on the questioned document.
d Dictate material to be written (or printed, if questioned material is hand printed): give no assistance in spelling or arrangement on page. Dictate at a rate of speed which will produce the subject natural writing habits.
e Remove each specimen upon completion by subject number in consequence, date, time and identify by initiating each, and request subjects to sign each specimen.
f Observe all writing done by subjects and indicate any attempt of disguise, and whether subjects appears to be normally right or left handed, etc.
Collecting Informal Exemplars
Exemplars must be suitable for comparison with the questioned writing. Since handwriting can be found on many different types of surfaces, comparison materials should, when possible, duplicate the conditions under which the questioned document was executed. While this is usually done
with request writing, it may be harder to locate informal writing samples that meet these criteria. Locating material to be used as evidence may require considerable effort on the part of the investigator. Comparison materials should, when possible, is written under the same conditions under which the questioned documents were executed. While this is the standard method of taking request writing, it is impossible to control the writing environment of informal writing samples.
Try to obtain signatures that are similar to the questioned signature. If the questioned signature is in ink, get signatures in ink, if it is in pencil, get documents written in pencil for comparison. If the questioned document is on lined paper, find documents written on lined paper. If the questioned document contains hand printing, collect documents that are hand printed.
Where no similar documents are available, try to locate documents whose authenticity can be verified such as cancelled checks that have been accepted by a bank. Other documents executed in the regular course of business are also suitable.
The date of the questioned writing must be taken into consideration when looking for suitable comparable documents. While an adult's handwriting may remain constant for many years, writing habits normally change over time so that an outdated standard may be unsatisfactory for comparison purposes. All writing samples are not of equal value and some may be of no value at all.
When gathering handwriting for comparison purposes, it is necessary to keep in mind that
various factors cause changes in handwriting. Age and illness may lead to the deterioration of writing skills, which can be an important consideration in a disputed, will case. A teenager's handwriting may change drastically in as short a time frame as a year. A drug addict may undergo a radical change in handwriting as his addiction takes over. Handwriting samples taken prior to the addiction are not going to accurately reflect later writing.
Handwriting changes gradually over a person's lifetime but some factors can cause drastic changes in handwriting in a short period of time; therefore it is essential to compare handwriting from a similar time frame and under similar conditions. Trauma such as stroke, illness, or loss of a spouse; or medication, or substance abuse can affect handwriting. If a person's writing has changed drastically around the time the questioned document was executed, there may not be comparable material available.
Ideally, writing executed around the date of the questioned material should be used for comparison purposes, some dated shortly before and after the date of the questioned material. What time frame is considered suitable? Documents executed within two to three years are most suitable. If these are not available, documents dating further from the questioned material may be used. Do not rely on present-day writing exclusively, if possible.
Make sure the handwriting exemplars are not in dispute and that they can be authenticated. Any uncontradicted testimony of competent eye witnesses who saw the execution of the writing can be used to verify its authenticity. Courts accept the testimony
of the author admitting genuineness or someone to whom the author has admitted genuineness. The testimony of a person who received writing from the author and acted on it is also valid, though not necessarily accurate. Documents executed in the normal course of business are frequently used for comparison purposes which includes negotiable instruments such as checks, contracts, and other business documents.
Document examiners have given erroneous conclusions based on forged exemplars. When the exemplars have been fabricated by the same writer as the forged material, an opinion of authenticity based on false information will occur. Document examiners mistakenly identified Adolph Hitler as the author of the Hitler Diaries because they used forged exemplars of Hitler for comparison.
How Many Samples Of Handwriting Are Needed?
The type of case determines the number of exemplars that the document examiner needs for comparison with the questioned documents. Always try to collect as many samples as possible because it is more important to have suitable undisputed samples than a large quantity of little comparable value. Cases have been won in court using a single known signature to support the authenticity of a questioned document. One signature is sufficient when all the characteristics of handwriting match. When proving that an individual did not write a questioned document, it is necessary to obtain a larger range of writing and one hundred signatures may not be enough. An average would be twenty to twenty-five signatures and four to five pages of
normal handwriting and/or hand printing preferably written at different times.
More known documents are needed if the writer has a wide range of variation or an oversimplified signature, while only a few signatures would suffice if the writer is consistent. An oversimplified signature is one that contains few changes of direction and is usually an illegible scrawl. Oversimplified signatures are easier to imitate than more complex signatures that contain more changes of direction and more stylized letter forms.
When a questioned signature shows obvious signs of forgery not present in the known signature, one known signature should be enough to prove no genuineness. Forged writing often contains tremor or has a drawn look.
A single signature would be sufficient to determine the facts when the questioned signatures are written with a higher skill level than the suspected writer could execute. However, it is better to have more exemplars whenever possible. The document examiner must evaluate the exemplars to determine if she has sufficient suitable material to render an accurate opinion.
SUITABLE EXEMPLARS
Cancelled checks, contracts, applications, and business letters make suitable exemplars or standards. The writing can be properly identified, the date can be verified, and the habits of the writer can be studied. Additional standards may be
needed if the words on the disputed writing do not match the exemplars.
Ideally, original writing should be available for the scrutiny of the document examiner. Original writing is always better than a photocopy or a facsimile. If it is impossible to obtain original documents, a first generation photocopy should be supplied. The original documents should be requested whenever a photocopy is supplied by the adverse party. Intermediate tones are almost always lost in a photocopy because it aims to secure the greatest possible contrast. Subsequent generations of photocopies may drop sufficient detail, rendering them worthless to a competent document examiner.
According to the FBI Law Enforcement Bulletin published in September, 1970, handwriting identification depends on the quality of the known writing. A's cannot be compared with G’s ‘John Jones' cannot be compared with 'Samuel Hansen' The J's must be compared with J's and the 'ohn's' with 'ohn's.' Handwriting cannot be compared with hand printing.
Documents similar in nature will make the best exemplars. Contracts should be compared with contracts, and cancelled checks with cancelled checks. Try to procure like signatures. An A should be compared with A, an Al with Al, and hand printing with hand printing. Documents written with ink should be compared with other documents written in ink. Try to find writing on similar documents. People often have more than one style signature depending on the document being executed. Checks may be executed in a more careless manner than wills and contracts. Do not use signatures written while the
writer was intoxicated unless the questioned documents were written under similar circumstances.
Some hand printing can be compared with handwriting and vice versa. Some writers use hand
printed letters and handwritten ones
interchangeably. Most common is the use of hand printed capital letters in place of cursive. Other writers use the same letter form for both hand printed and cursive writing.
While it may be possible to make a match with only a few exemplars, the more exemplars available the better. Collect as many samples of handwriting, including signatures, as possible. It is necessary to collect enough handwriting samples to enable the expert to render a professional opinion. How much is enough? Enough would be sufficient exemplars to eliminate any other writer as the author of a document.
Cases In Which No Exemplars Are Needed
There are some cases in which no exemplars are needed to prove spuriousness. Since no one can write his signature exactly the same way twice, identical signatures are generally evidence of no genuineness. This would include traced forgeries, scanned signatures, or even freehand simulations, as well as cut and paste signatures.
Some writers use signature stamps and autopens as legitimate signatures making it are necessary to determine the nature of the signatures before an opinion of no genuineness is given.
Signs of forgery are indicative of no genuineness. Documents that contain indications of
tracing can be identified without known signatures. Evidence of tracing the signature would be a groove or guide line along the signature line or residue of pencil or carbon.
When a questioned signature matches the handwriting of another writer, identification can be made that the writing was penned by that individual. In this case, no known signatures of the victim are needed for comparison.
Writing of the impaired or illiterate can be identified as spurious if the questioned writing exceeds the ability of the known writer. A high skill level signature of an impaired individual can be rejected without comparison documents.
REQUEST WRITING
Request writing exemplars are handwriting samples made at the request and under the supervision of the police, document examiners, or attorneys for comparison with questioned writing. The writer is asked to complete forms containing all the uppercase and lowercase letters plus numbers and punctuation marks.
Care must be taken to insure that request writing is suitable for comparison purposes since the writer may attempt to disguise his writing. Normal writing is a result of subconscious habit. The quality of writing is recognized by repeated significant characteristics executed with ordinary attention to the writing act. Certain precautions can insure that the exemplars are suitable.
The document examiner should take the request writing exemplars whenever possible. The examiner is then in a position to determine if the writing is normal writing or if the writer is trying to disguise his handwriting. Lawyers frequently have their clients write their name ten times on a sheet of paper. This is not an appropriate handwriting sample. When taking the request writing samples, follow established procedures. Use a dictation that contains all of the letters of the alphabet as well as the numerals.
Dos AND DON'Ts FOR COLLECTING EXEMPLARS AND STANDARDS a DON'T rely on too little writing. How much is
enough? Enough to show the range of handwriting characteristics of the writer.
b DO obtain sufficient handwriting exemplars, at least twenty to twenty-five signatures or four to five pages of handwriting or hand printing. c DON'T rely exclusively on writing that differs
significantly from the questioned.
d DO collect similar samples: hand printing with hand printing, ink signatures with ink signatures, lined paper with lined paper, same size with same size.
e DON'T rely on documents recently written if the comparison documents were written many years ago.
f DO collect standards dated at approximately the same time as the questioned.
g DON'T compare writing written under abnormal conditions (for example, when the writer was intoxicated) with normal writing.
h DO collect documents that duplicate the writing environment: checks with checks, contracts with contracts.
i DO instruct the writer in order to obtain similar exemplars. For example, print with all uppercase letters.
SUMMARY
Exemplars are known handwriting samples used for comparison with questioned documents. There are two types of exemplars, formal and informal. Formal exemplars are request writing samples. Informal exemplars consist of documents executed in the normal course of business. Proper procedures should be followed when taking request writing.
CHAPTER III
HANDWRITING AND SIGNATURE IDENTIFICATION A. HANDWRITING
HANDWRITING DEFINED
Handwriting is the result of a very complicated series of facts, being used as whole, combination of certain forms of visible mental and muscular habits acquired by long, continued painstaking effort also knows as “visible speech.”
KINDS OF WRITINGS:
a Cursive- connected writing in which one letter is joined the next.
b Script- separated printed writing. c BLOCK- ALL CAPITAL LETTERS.
BASIS OF HANDWRITING IDENTIFICATION:
a In Wignore`s Principles of judicial Proof, handwriting is defined as a visible effect of bodily movement which is an almost unconscious expression of fixed muscular habits, reacting from fixed mental impression of certain ideas associated with script form.
b Environment, education and occupation affect individuals so variously in the formation of these muscular habits that finally the act of
writing becomes an almost automatic succession of acts stimulated by these habits.
c The imitation of the style of writing by another person becomes difficult because the other person cannot by mere will power reproduce in himself all the muscular combination from the habit of the first writer. Is handwriting / signature identification an “exact science”?- No because in the hand of a qualified examiner operating under proper conditions, identification by means of handwriting or signature is certain. Proper conditions include sufficient questioned writing; sufficient known writing; sufficient time; and use of scientific instruments.
THEORY - HANDWRITING AND SIGNATURES - SOME BASIC FACTS AND THEORY
Handwriting originates in the brain when a mental picture of letters and words is formed. The signal to try to duplicate the mental picture is sent to the arm and hand through the muscles and nervous system. The actual output is almost never an exact match of the original mental picture.
When a baby is born, it is equipped with certain basic, automatic abilities. It can breathe, cry, suck, move its limbs randomly. To accomplish more complex tasks, the baby must learn. Patterns must be formed and stored in the brain which then will trigger messages to travel through the nervous system to the muscles to produce movements (behavior). Smiling is a simple behavior that a baby learns early in life. At first, he imitates his parents' smiles, and as this behavior is rewarded by
more smiles and hugs from his parents (positive feedback), a pattern is built in the baby's brain. The baby learns to call upon that pattern to produce a smile. Soon, smiling becomes automatic, just like breathing.
In a similar way, the baby learns to reach, grasp, speak and walk. More and more complex actions become possible as the baby builds the neural pathways that travel between the muscles and the brain via the nervous system. Handwriting is an extremely complex motor task, which is not usually learned until the child is 5 or 6 years old and has mastered simpler skills.
The motor system controls the movement and posture needed for handwriting by contraction and relaxation of muscles. Messages go to and from the muscles and brain via the nervous system. During the learning process, the senses and muscles send messages (feedback) back to the brain to let it know how the sequence, timing and force applied worked out. The brain makes the adjustments needed to give a maximal outcome. Eventually a motor program is formed. This is a set of muscle commands that can be carried out with the correct timing and sequence automatically, without feedback, to give the best possible result.
Handwriting is the result of such stored motor knowledge. Handwriting is distal, meaning that it occurs at the extremities and involves fine motor activity as opposed to a skill like walking which is proximal - a large, or gross motor skill. One reason individuals find it difficult to simulate the handwriting of others is that to do so successfully requires understanding the essence of the writer's
motor control program and executing a motor control program that yields a very similar result.
Two Groups of Muscles Involve in Handwriting:
a Extensor muscles- push up the pen to form the upward strokes.
b Flexor muscles which push the pen to from the downward strokes.
Generally speaking, four groups of muscles are employed in writing- those which operate the joints of the fingers, wrist, elbow, and shoulder. The delicate way in which the various muscles used in writing work together to procedure written form is known as motor coordination.
VARIATIONS IN HANDWRITING
None of the factors that produce handwriting are rigid and unchanging. In addition to the organic factors (physical anatomy and health, mental acuity, etc.) there are environmental factors effecting the handwriting. These include the writing instrument itself, the writing surface and what lies beneath it, and other variables of the writing situation. Because the primary motor pattern is itself a fluid image and because there are so many organic and environmental variables that interact in the production of handwriting, it has become an accepted axiom that a person is unlikely to ever duplicate any signature exactly. Each person has a range of natural variation. But even with this range of variation, each person grows in his or her writing
from the classic forms taught in childhood into an individual and identifiable form of written expression.
Handwriting is a free-form activity, and there are an infinite number of ways to write even the simplest letter combination. It is highly unlikely that any person will write his or her own name exactly the same way twice in an entire lifetime.
Actually, every person has a range of handwriting variation determined by his or her physical writing ability, training in "penmanship", and other factors. To the experienced expert, a study of known samples of writing can reveal a cluster of individual writing characteristics which can allow the expert to identify or exclude an individual as the author of some questioned writing.
Handwriting characteristics come in two categories - general, or class characteristics, and individual characteristics. Depending on the cultural setting (time and place) when writing is learned, entire groups of individuals may be taught or trained to write in the same way. When these individuals are first learning to write, there are differences in their ability to do the task, and the results are not all the same, but the true individualizing differences appear over time. As we grow and mature physically and personally, our handwriting becomes more of an individual product - through conscious changes made to fit a mental picture of how we want our writing to appear, or unconsciously.
Handwriting can also be effected by other factors - injury, illness, medication, drug or
alcohol use, stress, the writing surface, the writing instrument, or attempted disguise. It is the job of the document examiner to understand these factors as they might relate to a specific situation.
The hand does not always produce a stereotyped duplicate of that pattern. The hand ordinarily is not an instrument of precision and therefore we may not expect every habitual manual operation to be absolutely uniform. The greater this skill ion the art of penmanship, the less the variations there will be in the form if individualize letters as well as in the writing as a whole.
CAUSES OF VARIATION:
a Function of some external condition i.e. influence of the available space.
b Abnormal conditions such as physical injury, toxic effects, inebriations, emotions and deception.
c Position of letter- all the letters are to be found initially, medially, and finally. The fact may modify any of them in some way or another.
IMPORTANCE OF VARIATION
a The qualities of personal variation include both its nature and its extent. It becomes necessary to determine the amount, extent, and exact quality of the variations.
b When combined is what constitutes individuality in handwriting.
c With a group of signatures of a particular writer, certain normal divergence in size, lateral spacing and proportions actually indicate genuineness. Variation in genuine writing is ordinarily in superficial parts and in size, proportions, degree of care given to the act, design, slant, shading, vigor, angularity, roundness and direction of stroke.
“The most common error in the identification of handwriting is due to the fact that the evidence of actual forgery is executed on the ground that here is variation in genuine writing.”
TERMINOLOGIES RELATED TO HANDWRITING IDENTIFICATION AND EXAMINATIONS
° ALIGNMENT- the relation of parts of the whole of writing or line of individual letters in words to the baseline.
° ANGULAR FORMS- Sharp, straight strokes that are
made by stopping the pen and changing direction before continuing.
° ARCADE FORMS- look like arches rounded on the top and open at the bottom.
° CHARACTERISTICS- any property or mark which are
° COLLATION – side by side comparison; collation as used in this text means the critical comparison on side by side examination.
° COMPARISON- the act of setting two or more items side by side to weigh their identifying qualities.
° DISTINGUISED WRITING-altered writing in hopes of hiding identity.
° DOWNSTROKE- The movement of the pen toward the writer.
° FORM- The way the writing looks, whether it is copybook, elaborated, simplifier or printed
° GARLAND FORMS- A cup like connected form that is open at the top and rounded on the bottom.
° GESTALT- The German word that means “complete” or “whole”. A good gestalt needs nothing added or taken away to make it “look right”.
° GRAHOANALYSIS- the study of handwriting based on the two fundamental strokes, the curve and the straight strokes.
° GRAPHOMETRY- analysis by comparison and
measurement.
° GRAPHOLOGY- the art of determining character disposition and amplitude of a person from the study of handwriting. It also means the scientific study and analysis of handwriting, especially with reference to forgeries and questioned documents.
° HANDLETTERING- Any disconnected style of writing in which each letter is written separately,; also called hand printing.
° LEFT-HANDED WRITING- See “wrong hand writing.”
° LETTER SPACE- The amount of space between letters.
° LINE DIRECTION- Movement of the baseline. May slant-up, down or straight across the page.
° LINE QUALLITY- the overall character of the link lines from the beginning to the ending stroke: Good Line quality and Poor Line quality.
° LINE SPACE- The amount of the space between lines.
° MANUSCRIPT WRITING- A disconnected form of script or semi-script writing.
° MARGINS- The amount of space left around the writing on all four sides.
° MICROSOPIC EXAMINATION- Any study or examination which is made with the microscope in other to discover minute details.
° MOVEMENT- an important element in handwriting which embraces all the factors which are related to the motion of the writing instrument skill, speed freedom, hesitation, rhythm, emphasis, tremors and the like.
° NATURAL WRITING- Any specimen of writing executed normally without any attempt to control
or alter its identifying habits and its usual quality or execution.
° NATURAL VARIATION- normal or usual deviation found between repeated specimens of any individual handwriting.
° PEN MPHASIS- The act of intermittently forcing the pen against the paper surfaces which produces shading, out with more rigid writing points heavy point emphasis can occur in writing without any evidence of shading.
° PEN HOLD- The place where the writer grasps the
barrel of the pen and the angle at which he holds it.
° PEN POSITION- relationship between the pen point and the paper.
° PEN PRESSURE- the average force with which the pen contacts the paper.
° PRINTSCRIPT- A creative combination of printing and cursive writing.
° PROPORTION or RATIO – the relation between the tall and the short letter
° QUALITY- A distinct or peculiar character. Also, “quality” is used in describibg handwriting to refer to any identifying factor that is related to the writing movement itself.
° RHYTHM- The element of the writing movement which is marked by regular or periodic recurrences: maybe smooth, intermittent, or jerky in its quality; the flourishing succession
of motion which are recorded in a written record.
° SHADING- widening of the ink strokes due to the
added pressure on a flexible pen point or to the use of a stub pen.
° SIGNIFICANNT WRITIG HABIT- Any characteristic of handwriting that is sufficiently uncommon and well fixed to serve as a fundamental point in the identification.
° SIMPLIFICATION- Eliminating extra or superfluous strokes from the copybook model.
° SIZE- the overall size of the writing or the proportions between zones.
° SKILL- writer’s proficiency; degree, ability, or skill of a write proficiency.
° SLOPE/ SLANT – the angle or inclination of the
axis of the letters relative to the baseline: Slant to the left; Slant to the right; and Vertical Slant.
° SPEED OF WRITING- The personal pace at which the writer’s pen moves across the paper
° SPEED (SPEEDY)WRITING- Can be interpreted in board terms of slow, moderate, or rapid.
° SYSTEM (OF WRITING) - The combination of the basic design of letters and the writing movement as taught in school make up the writing system. See also copy book.
° TENSION- degree of exerted on the pen compared to the degree of relaxation.
° THREADY FORM- An indefinite connective form that looks flat and wavy.
° VARIABILITY- The degree to which the writing varies from the copybook model .
° VARIATION- The act or process of changing.
° WORD SPACE- The amount of space left between words.
° WRITING CONDITION- circumstances under which the writing was prepared and the factors in influencing the writer’s ability to write at the time of execution. It includes the writer’s position (sitting, standing, abed, etc.), the paper support and backing, and the writing instrument; writing ability may be modified by the condition of the writer’s health, nervous state or degree of intoxication.
° WRONG-HANDED WRITING- Any writing executed with the opposite hand that normally used; a.k.a. as “with the awkward hand.”
° WRITING IMPULSE- The result of the pen touching
down on the paper and moving across the page, until it is raised from the paper.
MOVEMENT IN HANDWRITING KINDS OF MOVEMENT
1 Finger Movement- The thumb, the first and second and slightly the third fingers are in actual
motion. Most usually employed by children and illiterates.
2 Hand Movement- produced by the movement or action of the whole hand with thw wrist as the center of attraction.
3 Forearm Movement- movement of the shoulder, hand and arm with the support of the table.
4 Whole Forearm Movement- action of the entire arm without resting. i.e., blackboard writing.
QUALITY OF MOVEMENT
a Clumsy, illiterate and halting
b Hesitating and painful due to weakness and illness
c Strong, heavy and forceful d Nervous and irregular
e Smooth, flowing and rapid. SPEED
1 Slow and draw 2 Deliberate; 3 average; 4 and rapid
DIFERENT MOVEMENTS EMPLOYED AFFECT WRITING 1 Smoothness;
2 Directness; 3 Uniformity;
4 Continuity of strokes;
5 and connecting or curves between letters
MOTOR COORDINATION- The special way in which the various muscles used in writing work together to produced written forms.
CHARACTERISTICS OF MOTOR COORDINATION: 1 Free, smelt rounded curves
2 Gradual changes of directions
3 Pressure is always in a state of change, moving from light to heavy or from heavy to light.
4 Speed
5 The Shading impulse is distributed over a considerable length of the line whereas in writing produced with a slow motion as in the finger movement.
FAULTY COORDINATION IS CHARACTERIZED BY THE FOLLOWING:
1 Wavering and very irregular line or strokes with uncertain and unsteady progress. There is no freedom of movement along the strokes of the letter-forms.
2 Angular Line- a very common fault of coordination. Curves, large and small are not smoothly rounded and there is no gradual change of direction. On the contrary, and angle marks almost every change are direction in the line.
RHYTHM IN HANDWRITING- Rhythm is succession of connected, uniform strokes in full coordination.
This is manifested by clear-cut accentuated strokes which increase and decrease in which like perfect cones.
LACK OF RHYTHM- Characterized by succession of awkward, independent, poorly directed and disconnected motions.
° IMPORTANCE OF RHYTHM- one can determine if the writer normally and spontaneously write with hesitation as if he is attempting to for another signature.
° LETTER OF CONNECTIONS- Determine the
essential expression of the writer pattern. It is a mean indicator of the neuromuscular function. These types of connections are:
Arcade- a rounded stroke shaped like an arch. It is slow mode of connection resulting from controlled movements.
Garland- Links the downward stroke to the upstrokes with a flowing curve swinging from left right. It is an easy, effortless mode of connection, written with speed.
Angular connective form- characterized by an abrupt stop and start in each turning point.
The threadlike connective form- the joining of upward and downward strokes is slurred to a threadlike tracing or where rounded turns used at both top and bottom produce a double curve-appear both in the shaping of letters within the word.
STROKE - series of lines or curves written in a single letter; one of the lines of an alphabet or
series of lines or curves within a single letter; the path traced by the pen on the paper.
TERMINOLOGIES CONCERNING STROKE CHARACTERISTICS ARC- a curved
formed inside the top curve of loop
as in small
letters “h”, “m”, “n” & “p”.
ARCH- any arcade form in the body of a letter found in small letters which contain arches. ASCENDER- is the top portion of a letter or upper loop. BASELINE- maybe actually on a rules paper, it might be imaginary alignment of writing; is the ruled or imaginary line upon which the writing rests. BEADED- Preliminary embellished initial stroke which usually occurs in capital letter. BEARD- is the rudimentary initial up stroke of a letter. BLUNT- the beginning and ending stroke of a letter (without hesitation).
BODY- the main portion of the letter, minus
the initial of
strokes, terminal,
diacritic. BOWL- a fully rounded oval or circular form on a letter complete into “O”. BUCKLE/BUCKLEKNOT- A loop made as a flourished which is added to the letters, as in small letter “k & b”, or in capital letter “A”, “K”, “P”; the horizontal end loop stroke used to complete a letter.
CACOGRAPHY- a bad
writing. CALLIGRAPHY- the art of beautiful writing. DESCENDER- opposite of ascender, the lower portion of a letter. DIACRITIC- “t”
crossing and dots of the letter “I” and “j”; an element added to complete a certain letter, either a cross bar or dot.
ENDING/TERMINATE STROKE OF TOE- the end stroke of a letter.
EYE/EYELET/EYELOOP- a small loop or curved formed inside the letters inside the oval of the letters “a, d, o.
FOOT- lower part which rust on the base line.
HABITS- any repeated elements or details, which may serve to
individualize writing. HESITATION- the
irregular
thickening of ink which is found when writing slows down or stop while the pen take a stock of the position.
HIATUS/PEN JUMP- a gap occurring between a
continuous stroke
without lifting the pen; usually occurs due to speed; regarded also as a special form.
HOOK- a minute curve or ankle at the end of the terminal strokes, or at the beginning of an initial stroke; the minute involuntary talon like formation found at the commencement of an initial up stroke or the end terminal stroke.
HUMP- Upper portion of its letter “m”;”n”, “k” – the rounded outside of the top of the bend stroke or curve in small letter.
KNOB- the extra deposit of ink in the initial and terminal stroke due to the slow withdrawal of the pen from the paper
LIGATURE/CONNECTION- The stroke which connects two stroke of letter; characterized by connected stroke between letters.
(usually
applicable to
fountain pen).
LONG LETTER- those letters with both upper and lower loops.
LOOP- a oblong curve such as found on the small letter “f” , “g”, “l” and letters stroke “f” has two which may be blind or open.
MAJUSCULE- a
capital letter. MINUSCULE- a small letter. MOVEMENT IMPULSES- the continuity of stroke, forged writing is usually produced by disconnected and broken movements and more motion or movement impulses than in genuine writing.
PATCHING- retouching or going back over a defective portion of a written stroke. Careful patching is comment defect on forgeries. PEN LIFT- an interruption in a stroke caused by removing the writing instrument from the paper.
RETRACE/RETRACING- Any part of a stroke which is super imposed upon the original stroke; any stroke which goes back over another writing stroke.
SHOULDER- Outside portion of top
curve, small
letter “m” has three shoulders and the small letter “n” has two, the small letter “h” has one shoulder.
SPUR- A short initial or terminal stroke.
STAFF- Any major
long downward
stroke of a letter that is the long downward stroke of the letter “b” , “g”.
STEM OR SHANK- the upright long downward stroke that is the trunk or stalk, normally seen in capital letters. TICK/HITCH- Any short stroke, which usually
occurs at the top of the letters. TREMOR- A writing weakness portrayed by irregular shaky strokes is described as writing tremor WHIRL- The upstroke of a looping ascender.
1 AIRSTROKE- The movement of the pen as it is raised from the paper and continues in the same direction in the air.
2 COVERING STROKE- A stroke the unnecessarily covers another stroke in a concealing action.
3 FINAL- The ending stroke on a letter when it is at the end of the word.
4 UPSTROKE- Movement of the pen away from the writer.
5 SEQUENCE OF STROKE- The order in which writing strokes are placed on the paper is referred to as their sequence
6 SUPPORTED STROKES- Upstrokes partially covering the previous down strokes. Originally taught in European schools.
7 TRAIT STROKE- A school of handwriting analysis that assigns personality trait manners to individual writing strokes.
QUALITIES OF THE STROKES:
1 Expansion- whether the movement is extended or limited in its range with respect to both vertical and horizontal dimension.
2 Co-ordination- whether the flow of movement is controlled or uncertain, smooth or jerky, continuous or interrupted.
3 Speed- whether the movement has been rapid or slow and whether the pace has been steady or variable.
4 Pressure- whether the pressure exerted in the movement and its upward and downward reach.
5 Direction- Left ward and right ward trend of the movement and its upward and downward reach.
6 RHYTHM- in the sequence of movements that weave
the total pattern, certain similar phases recur at more or less regular intervals.
HANDWRITING PROBLEMS:
a A signature/handwriting contested by its author which in reality is genuine and corresponds perfectly to the ordinary and habitual signatures of that person.
b A signature/handwriting contested by its author which in reality was written by him but in a way which was different from the ordinary manner and which is more or less different from the common genuine signatures of that person.
c A signature/handwriting contested by its author which in reality was written by a third person and which is a forgery written in an attempted imitation of a model.
d A spurious /handwriting written by somebody who did not attempt to imitate the signature of a person and who uses a fictitious name and this to give his work the appearance of a signature.
e An uncontested signature/handwriting, in
fact, genuine but written by an unknown person whose name must be deciphered by the document examiner.
a Forged or simulated writings in which the attempt is made to discard one`s own writing and assume the exact writing personality of another person.
b Those writing that are disguised and in which
the written seeks to hide his own personality without adapting that of another.
HANDWRITING CHARACTERISTICS AND OTHER IDENTIFYING FEATURES
Writing Habits- Writing by all its thousand of peculiarities in combination is the most personal and individuals thing that a man does that leaves a record which can be seen and studies. This is what constitutes individually in handwriting.
° Writing habits learned in the early years are those habits which are part of a basic system or which are modifications of the system of writing found among so large a group of writers that they have only sight identification value.
° A few of these early habits learned by the child are the slant of letters “l”, “d”, “b”, “g”, “t” with small letters like letters “n”, “m”, “i”, “o”, “e”, “i”, and also form and design of letters also called general or class characteristics.
° Individual habits: Any writing habit or character in writing maybe modified and individualized by different writers in many different ways in many varying degrees and the writing individuality of any particular writer
is made up of all those common and uncommon characteristics and habits.
° Various individual characteristics in writing also grow out of the purpose for which writing is used and the amount of writing done.
GENERAL (CLASS) CHARACTERISTICS- those habits are part of basic writing system or which are modifications of the system of writing found among so large a group of writes that have only slight identification value.
INDIVIDUAL CHARACTERISTICS- the result of the writer`s muscular control, coordination, age, health, and nervous temperament, frequency of writing, personality and character found in the following:
a Writing movement
b Form and design of letters\
c Muscular control or motor control
1 Loose writing- too much freedom of movement and lack of regulation.
2 Restrained writing- there is lack of freedom and inhibited movements. It gives you the impression that every stroke was made with great difficulty.
d Motor Coordination e Shading
f Skill
h Pen pressure i Connection j Pen hold k Rhythm
l Disconnections or pen lifts between letters m Speed
n Slant as a writing habit
o Proportion of letters as an individual characteristic or habit
p Quality of stroke or line quality q Variation
Indications of speed (speedy) writing:
a Smooth, unbroken strokes and rounded forms. b Frequent signs or tendencies to the right.
c Marked uncertain as to the location of the dots
of small letters “I”, “j” & crosses of small letter “t”
d Increased spontaneity of words or small letter “t” connected with the following words.
e Letters curtailed or degenerated almost to illegibility towards the end of words.
f Wide writing- width of letters is greater than the connecting spaces adjoining it.
g Great difference in emphasis between upstrokes and down strokes.
h Marked simplification of letters especially capital letters.
i Rising line.
j Increased pen pressure.
k Increase in the margin to left at the beginning of the line.
Indications of slow writing:
a Wavering forms and broken strokes.
b Frequent signs or tendencies to the left.
c Conspicuous certainly as to the location of the dots of small letters “I”, “j”, or “t” crosses with scarcely perceptible deviation from the intended direction.
d Frequent pauses by meaningless blobs, angles, divided letters and retouches.
e Careful execution of detail of letters toward the end or names.
f Narrow writing.
g No difference in emphasis in up stroke and down stroke.
h Ornamental or flourishing connections. i Sinking lines.
EXAMPLES OF COMMON CHARACTERISTICS: a Ordinary copy-book form
c Ordinary scale of proportion or ratio d Conventional spacing
CLASSIFICATION OF INDIVIDUAL CHARACTERISTICS:
a Permanent characteristics- found always in his handwriting.
b Common or usual- found in a group of writers who studied the same system of writing.
c Occasional- found occasionally in his handwriting.
d Rare- found only in one or two persons in a group of one hundred individuals.
HOW INDIVIDUAL CHARACTERISTICS ARE ACQUIRED: a Outgrowth of definite teaching
b Result of imitation
c Accidental condition or circumstances
d Expression of certain mental and physical traits of the writer as affected by education, by environment and by occupation.
EXAMPLES OF SOME OF THE INDIVIDUAL CHARACTERISTICS: a Hook to the right and hook to the left.
b Shape, position, size and angle of “i” dots “t” crossing
c Idiosyncrasies
d Bulbs and distinctive initial and final pen pressure
e Embellishment, added strokes and free movement endings
f Abbreviation of letters
g Simple and compound curves and graceful endings h Labored movement producing ragged lines
i Terminal shadings and forceful endings
j Presence and influence of foreign writing, with the introduction of Greek “e”
PRINCIPLE IN HANDWRITING IDENTIFICATION
°When any two specimens of handwritings contain a combination of corresponding or similar and specifically oriented characteristics of such number and significance as to preclude the possibility of their occurrence by mere coincidence, and there are no unaccounted for difference, it may be concluded that they are similar in writing characteristics and therefore written by one and the same person.
°Handwritings are fixed habits.
°These writing habits become so automatic and unconscious that even by the most strenuous effort, it is almost impossible to change them.
°No duplication of handwriting by two individuals. FUNDAMENTAL LAW WHICH GOVERNS THE CONCLUSION IN HANDWRITING IDENTIFICATION PROBLEMS
° A signature/handwriting naturally and genuinely written under normal condition contain all of the individual habits of the writer`s signature which are put into it in a way that is consistent with his writing ability and the writing quality of his signature.
° A signature/handwriting is fraudulent if it contains habits, qualities or elements which are significantly different from genuine signatures written under similar conditions.
CONTROLLING PRINCIPLES IN THE IDENTIFICATION OF QD
It is the combination of general qualities, features and characteristics that all together serve to prove identity. One or two or possibly three might coincide in two individuals but there comes a point where common sense says it is unreasonable to say that these various things would coincide.
PROBATIVE VALUE OF WRITING CHARACTERISTICS- differ greatly with different writers and under varying conditions.
SOME GENERAL PRINCIPLES CAN BE STATED THAT APPLY IN MOST CASES
a Those identifying or differentiating characteristics are of the most force which is most divergent from the regular system or national features of a particular handwriting under examination.
b Those repeated characteristics which are inconspicuous should first be sought for and should be given the most weight.
c Ordinary system or national features and
element are not alone sufficient
characteristics necessarily have as evidence of identity as stated above, it present in sufficient number and in combination with individuals qualities and characteristics.
CORRECT CONCLUSION
a Two writings are written by the same hand- characteristics or “dents” and scratches should be in sufficient quantity to exclude the theory of accidental coincidence.
b Writings are by different hands, we may find numerous likeliness in class characteristics but divergences in individual characteristics or we may find divergences in both but the divergence must be something more than mere superficial differences.
c If the conclusion of identifying is reached, there must not remain significant differences that cannot reasonably be explained.
d Although there is no specific approach, the document examiner always observed: Analysis; Comparison; and Evaluation.
POINTS TO CONSIDER
IN EXAMINING EXTENDED WRITING (Anonymous, threat, poison letters):
a Uniformity- Does the questioned writing have smooth, rhythmic and free-flowing appearance
b Irregularities- Does the questioned writing appear awkward, ill-formed slowly drawn
c Size & Proportion- Determine the height of the over-all writing as well as the height of the individual strokes in proportion to each other. d Alignment- Are they horizontally aligned, or
curving, uphill or downhill.
e Spacing- Determine the general spacing between letters, spacing between words. Width of the left and right margins, paragraph indentations. f Degree of Slant- Are they uniform or not.
g Formation and Design of the letters, “t” (-) bars, “i” dots, loops, circle formation
h Initial, connecting and final strokes HANDWRITING
a The procedure and the principle involved are similar so that of cursive handwriting.
b In block capital and manuscript writings, personal individual rests principally in design, selection, individual letter construction, size ratios and punctuation habits. The initial step in handwriting examination is to determine whether the questioned handwriting and standards were accomplished with:
° A fluency of movement and a certainty of execution indicative of familiarity with and a measure of skill in handwriting of conversely.
° conscious mental effort and non-rhythmic execution denoting either unfamiliarity with or disguise in the subject`s handwriting
DISGUISES IN HANDWRITING COMMON DISGUISES (SOME)
a Abnormally large writing. b Abnormally small writing.
c Alteration in slant (usually backhand).
d Usually variation in slant within a single unit of writing (within a single signature).
KINDS OF DISGUISES
a Change of slant- from right to left or vice versa.
b Change of letter, either from cursive to block style or vice versa.
c Change from cursive (conventional style) to block from or vice versa.
d Change of style from small to big or vice versa. e Deteriorating one`s handwriting.
f Using the wrong hand (AMBIDEXTROUS). EFFECTS OF ALCOHOL IN HANDWRITING
a PHYSICAL AND MENTAL EFFECTS. Intoxication affects the physiological being of an individual hence; the manner of handwriting is all affected.
b EVIDENCE OF ALCOHOLIC INTOXICATION IN HANDWRITING
1 Bizarre letter forms.
2 Greatly enlarged writing.
3 Illegible forms and writing generally 4 Uneven baseline.
5 Meaningless blobs or extraneous strokes in the writing.
6 Inconsistency in slant of writing.
7 Inconsistency in the form of repeated letters.
B. SIGNATURE
SIGNATURE is the name of a person written by him / her in a document as a sign of acknowledgement. Or, it is a name or mark that a person puts at the end of a document to attest that he is its author or that he ratifies its contests.
Microsoft Encarta Reference Library has these to say about signature:
1. Signed name
2. Signing of name
3. Distinctive characteristics SIGNIFICANT TERMS
a ASSISTED SIGNATURE. See Guided Signature.
b CROSS MARK. If properly witnessed, it can legally stand for signature. Ballot marks are
also referred to as cross marks because of the common practice of marking with an X.
c EVIDENTIAL SIGNATURE- 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 particular implements, and with a particular reason and purpose for recording his name.
d FRAUDULENT SIGNATURE.A forged signature; the writing of a name as a signature by someone other than the person himself, without his permission, often with some degree of imitation. e FREEHAND SIGNATURE.A fraudulent signature that
was executed purely by simulation rather than by tracing the outline or a genuine signature.
f GUIDED SIGNATURE. It is executed while the writer`s hand or arm is steadied in any way: such a signature authenticates a legal document provided it is shown that the writer requested the assistance; written during a serious illness or on a deathbed.
g IMITATED SIGNATURE. Synonymous with freehand
forgery.
h MODEL SIGNATURE – A genuine signature that has been used to prepare an imitated or traced forgery
THEORY OF COMPARISON- The act of setting two or more signature in an inverted position to weigh their identifying significance
A POTENTIAL PROBLEM EXISTS WITH SIGNATURES
People usually have three (3) different signatures: (1) a formal one, used on important documents; (2) a routine one, used on regular correspondence; and (3) an informal one, used for jotting quick notes. Also, other circumstances affect writing such as age, arthritis, emotional distress, medication, intoxication, and corrective vision. It's difficult to tell handedness, gender, and age from unknown samples. QDE experts must consider all these things, and make an informed judgement (usually in consultation with an investigator or attorney) based on their familiarity with handwriting dynamics (e.g., appearance, laborious movements, rhythm). With impairment like arthritis, for example, the writing function may become more of a conscious than subconscious effort, making for a more complex case. However, a paraphrasing of Larry Miller's (1987) indicia drawn from a review of the forgery literature might provide useful guidelines when dealing with impaired or deliberately deceptive writing:
Line Quality Irregular, laborious, shaky,
lack of rhythm
Size/Proportion Larger, wider, higher,
inconsistent, different
spacing after caps
