Week 08_QuestDocs

January 9, 2018 | Author: Anonymous | Category: Social Science, Law, Forensic Science
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Handwriting Comparison

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Introduction • Any object with handwriting or print whose source or authenticity is in doubt may be referred to as a questioned document. • Document examiners apply knowledge gathered through years of training and experience to recognize and compare the individual characteristics of questioned and known authentic writings. • For this purpose, the gathering of documents of known authorship or origin is critical to the outcome of the examination. • The uniqueness of handwriting makes this type of physical evidence one of the few definitive individual characteristics available. 2

Questioned Documents  Identify a questioned document.  Understand common individual characteristics associated with handwriting.  List important guidelines for collection of known writings for comparison to questioned documents.  Have a general idea of techniques used to uncover indented writings and pen inks. 3

Questioned Documents ~Any object handwritten/typewritten or computer generated whose source of identity is in doubt. • • • • • • • • •

Letters Checks Drivers licenses Contracts Wills Voter registrations Passports Petitions Lottery tickets

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Character of Handwriting • Document experts continually testify to the fact that no two individuals write exactly alike. • Many factors comprise the total character of a person’s writing. • The early stages of learning handwriting are characterized by a conscious effort to copy standard letter forms. • However, as writing skills improve, nerve and motor responses associated with the act of writing become subconscious. • The unconscious handwriting of two different individuals can never be identical.

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Handwriting Analysis • Graphologist – an expert in the field of handwriting analysis • Graphology – the study of a person’s handwriting that allows the expert to characterize personality traits and psychological disposition.

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Character of Handwriting • Variations are expected in angularity, slope, speed, pressure, letter and word spacing, relative dimensions of letters, connections, pen movement, writing skill, and finger dexterity. • Other factors to consider include the arrangement of the writing on the paper, such as margins, spacing, crowding, insertions, and alignment. • Spelling, punctuation, phraseology, and grammar can be personal and help to individualize the writer. • Furthermore, the writing style of one individual may be altered beyond recognition by the 7 influence of drugs or alcohol.

Character of Handwriting • No single handwriting characteristic can in itself be taken as the basis for a positive comparison. • The final conclusion must be based on a sufficient number of common characteristics between the known and questioned writing samples. • There are no hard and fast rules for a sufficient number of personal characteristics; it is a judgment call made by the expert examiner in the context of each case. 8

Handwriting Characteristics Excellent resource guide on handwriting analysis. Many factors can influence the handwriting of an individual, therefore, knowing the background of the individual providing the handwriting sample is very helpful. 9

Handwriting Characteristics • The position of the address on an envelope also gives some clues to the writer’s personality. You must first compare the handwriting in the letter to that on the envelope. They must have the same general characteristics. If they look very different, the writer is one who dissimulates and lies and is generally not trustworthy. *Country customs for addressing envelopes must also be taken into consideration.

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Handwriting Characteristics

The absence of margins (the whole paper is filled with writing) is indicative of bad judgment; selfishness; lavishness; intrusive 11 personality; immaturity; neurosis

Handwriting Characteristics

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Handwriting Characteristics

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Handwriting Characteristics

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Handwriting Characteristics

The most positive signature is one that matches in every aspect the handwriting of the address and the text.

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Handwriting Characteristics

On unlined paper use a ruler to establish baselines and height.

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Handwriting Characteristics

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Handwriting Characteristics

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Handwriting Exemplars • The collection of an adequate number of known writings (exemplars) is most critical for determining the outcome of a handwriting comparison. • Known writing should contain some of the words and combination of letters present in the questioned document and be adequate in number to show the range of natural variations in a suspect’s writing. • The writing implement and paper should also be alike. • The writing of dictation and several pages may serve to minimize attempts at deception. 19

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Exemplars • An exemplar is an authentic sample used for comparison purposes, such as handwriting. • Exemplars are most critical for determining the outcome of a comparison. • Known writings of the suspect furnished to the examiner should be as similar as possible to the questioned document (writing implements and paper). • If a person switches even from a pencil to a ballpoint pen styles and habits may be altered. As well as if a paper is ruled or un ruled, may also affect the handwriting of a person who has become particularly accustomed to one type or the other. • Known writings should also contain some of the words and combinations of letters present in the questioned document. 21

Natural Variations • Natural variations are normal deviations found between repeated specimens of an individual’s handwriting or any printing device. • Known writings must be adequate in number to show the examiner the range of natural variations in a suspect’s writing characteristics. • No two writings made by one individual are ever identical in every detail. This is even true for signatures, no one ever signs two signatures exactly alike. • Variation is an inherent part of natural writing. 22

Authenticity • Multiple sources are available to the investigator for establishing the authenticity of the writings of a suspect. • An important consideration is the age of the genuine document relative to the questioned one. • It is key to find standards that date closely in time to the questioned one. • In typical adults, basic writing changes are very slow. Material written within 2-3 years of the disputed writing is valid for comparison. • As the age difference between the genuine and unknown specimens become greater, the standard tends to 23 become less representative.

It may be difficult or impossible to obtain an adequate set of collected standards. In situations such as these, handwriting may have to be obtained voluntarily or under court order from the suspect. The case of Gilbert v. California, the Supreme Court upheld the taking of handwriting exemplars before the appointment of counsel. They reasoned that samples are identifying physical characteristics that lie outside the protection privileges of the 5th Amendment. Also, in the case of U.S v. Mara, the court ruled that taking a sample didn’t constitute an unreasonable search and seizure of a person and hence didn’t violate the 4th Amendment rights. As you can see, there is ample case law to support 24the constitutionality of taking handwriting specimens.

Requested writing samples may be consciously altered by the writer, as opposed to non requested specimens, which are written without the thought that they may someday be used in a police investigation. Although, the investigator can take certain steps to minimize attempts at deception. The several page requirement normally provides enough material that is free of attempts at deliberate disguise or nervousness for a valid comparison. The writing of dictation yields exemplars that best represent the suspect’s subconscious style and characteristics. 25

Steps to Minimize a Conscious Writing Effort are:

• 1. The writer should be allowed to write sitting comfortably without distractions. • 2. Under any circumstances, the suspect shouldn’t be shown the questioned document. • 3. The suspect should use a pen and paper similar to the documents. • 4. The text should contain the same contents of the questioned document.

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Steps to Minimize a Conscious Writing Effort are:

• 5. Dictation of the text should take place at least 3 times. Noticeable variations should appear among 3 repetitions. • 6. When the suspect is required to combine other writings with a signature, signature exemplars can be best obtained. The writer may be asked to fill out about 20-30 checks or receipts that will include signatures. • 7. Last but not least, before requested exemplars are taken from the suspect, a document examiner should be consulted and shown the questioned specimens. 27

Other Document Problems

~Indented writings are impressions left on papers positioned under a piece of paper that has been written on.

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Indented Writing ~By applying an electrostatic charge to the surface of a polymer film that has been placed in contact with a questioned document. ~Then impressions are revealed by applying toner powder to the charged film. 29

~ The work of the examiner goes beyond visual examination. ~Chromatography is used for ink comparisons. ~The use of thin layer chromatography can be use to prove that a document has been fraudulently backdated. 30

Typewriter Issues

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Criminals use typewriters and computer printers to write: • Threatening letters • Ransom notes • Extortion notes

• Fraud 32

When a typewriter is involved, the document examiner tries to:  Determine the make & model of the typewriter.  Match up the note with a suspect typewriter, if one is available. 33

Typebar Typewriter • A typebar typewriter is one in which the typeface elements are permanently fastened into the machine. Because each machine has permanent, non-removable typeface components, text can sometimes be associated to the specific machine used by comparing characteristics, such as typeface damage or alignment defects, in the text and machine. 34

Typeface Typewriter • The other type of typewriter has typeface that is affixed to an interchangeable element: a ball, printwheel, or (rarely) thimble. The style of type is specific to the individual element, not to the machine. Therefore, although text may be associated with a specific element, it can rarely be associated with a particular machine. 35

Identifying the make and model means that the examiner must have access to a database of typefaces used in various typewriter models, new and old.

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Most manufactures use either pica or elite typefaces, but the size, shape, and style of the letters vary, making identification possible. Pica Typeface

Elite Typeface

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Ribbons • Typewriters that use ribbons can help the examiner link the typewriter to the document. • An examination of the type of impressions left on the ribbon may reveal portion of the ribbon on which a particular text was typed.

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Case Study Ted Kaczynski- A.K.A. “The Unabomber” Forensic document examiners matched the type written Manifesto to one of the typewriters recovered from his cabin.

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2 Basic Typewriters Typebar Typewriter

Typeface Typewriter

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Alterations, Erasures and Obliterations

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Alterations, Erasures and Obliterations • Documents are often altered or changed after their original preparation so the original intent may be hidden and a forgery can be perpetrated.

• Document examiners must deal with evidence that has been changed in several ways, such as through alterations, erasures, and obliterations.

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Alterations • Erasures by rubber erasers, sandpaper, razor blade or knife to remove writing or typing disturb the fibers of the paper and are readily apparent when examined with a microscope. • If an alteration is made to a document with ink differing form the original, it can sometimes be detected due to differences in the luminescence properties of the inks. • Obliteration of writing by overwriting or crossing out to hide the original writing can be revealed by infrared radiation, which may pass through the upper layer of writing while being absorbed by the underlying area.

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Examples of Questioned Documents • Letters, checks, drivers licenses, contracts, wills, passports, suicide notes, currency and lottery tickets are common questioned documents.

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Common Ways to Alter Documents • One of the most common ways to alter a document is through erasure. Erasure is the removal of writing, typewriting, or printing from a document by using a chemical or one of the following abrasive instruments: • India rubber eraser • Sandpaper • Razor blade • Knife • All attempts at erasure disturb the upper fibers of the paper and those changes are apparent when the suspected area 45 is examined under a microscope using light.

Chemical Erasure • Strong oxidizing agents are placed over the ink which, under microscope examination, reveal a discoloration on the treated area of the paper.

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Obliteration • The blotting out or smearing over of writing or printing to make the original unreadable. • Seldom used for fraudulent purposes because its obviousness • It it’s done with the same ink it is harder to detect however, photography with infraredsensitive film may reveal the original writing

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Document Examination Equipment • • • • •

Microscope Infrared Techniques Electronic Imaging High and Low Intensity Ultraviolet Photography

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Counterfeit Currency • Counterfeiting of money is one of the oldest crimes in history • During the Civil War, onethird to one-half of the currency in circulation was counterfeit

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Counterfeit Currency • A national currency was adopted in 1862 to resolve the counterfeiting problem • On July 5th, 1865 the United States Secret Service was established to suppress the wide-spread counterfeiting of US currency

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How to Detect Counterfeit Money

• Portrait

• The genuine portrait appears lifelike and stands out distinctly from the background

• Federal Reserve and Treasury Seals • On a genuine bill, the saw-tooth points of the Federal Reserve and Treasury seals are clear, distinct, and sharp 51

How to Detect Counterfeit Money • Border • The fine lines in the border of a genuine bill are clear and unbroken

• Serial Numbers • Genuine serial numbers have a distinctive style and are evenly spaced and they are printed in the same ink color as the Treasury Seal

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How to Detect Counterfeit Money • Serial Numbers • Genuine serial numbers have a distinctive style and are evenly spaced and they are printed in the same ink color as the Treasury Seal

• Paper • Genuine currency paper has tiny red and blue fibers embedded throughout 53

If You Receive Counterfeit Currency • Do not return it to the passer • Delay the passer if possible • Observe the passers’ description, as well as that of any companions, and the license numbers of any vehicles used

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If You Receive Counterfeit Currency • Contact your local police department or the United States Secret Service field office • Write your initials and the date in the white border areas of the suspect note • Limit the handling of the note; carefully place it in a protective covering, such as an envelope

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Typewriters & Printing Devices • The two requests most often made of the examiner in connection with the examination of typewriters and printing devices are: • Whether the make and model of the typewriter and printing devices used to prepare the questioned document can be identified • Whether a particular suspect typewriter or printing device can be identified as having prepared the questioned document.

• In order to do this, the individual type character’s style, shape, and size are compared to a complete reference collection of past and 56 present typefaces.

Characteristics From Use • As is true for any mechanical device, use of a printing device will result in wear and damage to the machine’s moving parts. • These changes will occur in a fashion that is both random and irregular, thereby imparting individual characteristics to the printing device. • The document examiner has to deal with problems involving business and personal computers, which often produce typed copies that have only subtle defects. • Another area of investigation relates to the typewriter ribbon, which may contain type 57 impressions.

Digital Technology • In the cases of photocopiers, fax machines, and computer printers an examiner may be called on to identify the make and model of a machine or to compare a questioned document with test samples from a suspect machine. • A side-by-side comparison is made between the questioned document and the printed exemplars to compare markings produced by the machine. • Examiners compare transitory defect marks, fax machine headers, toner, toner application methods, and mechanical and printing characteristics. 58

Other Problems • Infrared photography and reflecting light at different angles are sometimes successfully used to reveal the contents of a document that has been accidentally or purposely charred in a fire. • In certain situations, indented writings (partially visible depressions underneath the visible writing) have proved to be valuable evidence. • It may be possible to determine what was written by the impressions left on a paper pad. • Applying an electrostatic charge to the surface of a polymer film placed in contact with a questioned document will visualize indented writings.

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Ink and Paper Comparisons • A study of the chemical composition of the ink used on documents may verify whether or not known and questioned documents were prepared by the same pen; and the paper itself may be analyzed. • A nondestructive approach to comparing ink lines is accomplished with a visible-light microspectrophotometer. • Thin-layer chromatography is also suitable for ink comparisons. 60

VOICE

Examination

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Voice Examination • The human voice may prove to be valuable evidence for associating an individual with a criminal act. • The probability that any two individuals: • Will have the same size vocal cavities • (Throat, nasal, and two oral cavities formed by positioning the tongue)

• Will coordinate their articulators • (Lips, teeth, tongue, soft palate, and jaw muscles)

• In a like manner is so small as to make the human voice a unique personal trait. 62

Voice Examination • Because we live in an era of telephone, radio, and tape recorded communication, the human voice now proves to be valuable evidence for associating an individual with a criminal act • In order to do this, we use the sound spectrograph, which is an instrument that converts speech into a visual graphic display. 63

History of the Spectrograph • The sound spectrograph • was developed at Bell Telephone laboratories in 1941. A Bell System engineer named Lawrence Kersta worked with this device and became convinced that voiceprints could provide a valuable means of personal identification.

VOICEPRINT: A pictorial representation of the frequency, duration and amplitude of human voice sounds

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The Sound Spectrograph • The sound spectrograph is an instrument that converts speech into a visual graphic display, called a spectrogram or voiceprint. • Courts have been asked to accept its results as evidence of an individual’s participation in a crime. • At this time, however, there are still conflicting opinions in the courts as to whether the voiceprint has gained a sufficient degree of general acceptance within the scientific community to satisfy its admissibility as scientific 65 evidence.

The Sound Spectrograph • The spectrum portrays three parameters of speech: time, frequency, and the relative intensity or volume. • When sufficient similarity exists between the questioned and the known voice, a positive conclusion is justified that both voices have emanated from the same person. • The recent introduction of the computerized sound spectrograph simplifies the work today. 66

The Sound Spectrograph • Examiners apply both aural and visual techniques when comparing two voice samples. • The examiner can than classify the recording into one of seven categories ranging from a positive identification, a probable identification, a possible identification, inconclusive, a possible elimination, a probable elimination, or a positive elimination.

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The Sound Spectrograph • Kersta believed that every voice has its own unique quality and character, and that there was small chance that any two individuals have the same size vocal cavities and coordinate their articulators the same way, which would make the voice a unique personal trait.

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The Pros and Cons • Because of Kersta’s claim, many criminal investigators have shown great interest in the sound spectrograph. Many Law enforcement laboratories have purchased them and many courts have to been asked to accept the results of the sound spectrograph as evidence of an individual’s participation in a crime. • However, there is some debate in the courts as to whether or not the voiceprint has gained a sufficient amount of general acceptance throughout the scientific community for it to be considered admissible as scientific evidence. 69

The Pros and Cons • The National Academy of Science feels that the degree of accuracy and the error rates of the voice identification varies from case to case, therefore there is no adequate scientific basis for legal authorities to judge the reliability of the voice spectrograph.

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How it works • The two most important characteristics of the voice are frequency and intensity. Frequency is the speed at which air particles vibrate. Intensity is the amount of energy (loudness) in a sound wave or pulse. No two sound waves will have exactly the frequencies or intensities.

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How it works • The expert who is using the sound spectrograph must get sound samples from the person in question. The sound samples are played In a continuous loop throughout the sound spectrograph. It will read the frequencies and intensities and print out what looks very similar to a recording of an earthquake tremor. The expert will then compare the samples in two ways: Aural (listening) and Visual. A common way to perform aural analysis is to rerecord the selected segment. During the visual comparison the spectrograms are placed side 72 by side for rapid comparison

How it works • The examiner can classify the recording into 7 categories as recommended by the American Board of Recorded Evidence • Positive Identification- 20+ similarities and all differences accounted for • Probable Identification- 15+ similarities and no unexplained differences • Possible Identification- 10+ similarities and no unexplained differences

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How it works • Inconclusive Decision- poor evidence • A possible elimination- 10+ sounds with no similarities • Probable Elimination - 15+ sounds with no similarities • Positive Elimination- 20 + sounds with no similarities

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