Handwriting and Hand Printing Identification A short course Ron Morris Forensic Document Examiner Introduction Who is this class designed for? What are the goals of this class. How will it be taught. This Class Is designed for? Those who need to know the principles of handwriting and hand printing identification for their work. 1. 2. 3. 4. 5. Investigators Law enforcement personnel Lawyers Bank personnel Fraud specialists Class Goals Become familiar with the principles of handwriting identification. Learn how to apply them correctly and accurately as an investigative tool. Have fun during the learning process. How Will The Class Be Taught? HANDS ON!!!! There is no better way to learn these principles than by their application to real problems. Will I be an expert after this class? NO!!! But, better informed. Topics To Be Covered How people learn to write The importance of handwriting systems Examples of handwriting systems Variation in writing Qualities and features of writing Attaching significance to features Topics for Discussion (cont.) The process of comparison Reaching a decision about authorship Submitting a case to the lab Report format Opinion terminology The Act Of Writing Writing is a physical or motor activity involving the combined movements of the fingers, hand, arm, and occasionally the whole body, interacting to move the pen in three dimension space. “Y” Direction: (Y) Ranges from vertical to horizontal above or below the “X.” “X” Direction: (X) Pen Pressure: Pen pressure into the paper. (Z) Left to Right Or Right to Left. What Is Handwriting? Handwriting and hand printing result from the physical movement of the writing instrument by a series of coordinated muscular actions made by the writer’s fingers, hand, arm, and body. How Do People Learn To Write? Four impulse levels 1. Stroke 2. Letter 3. Word 4. Sentence or phrase Stroke Impulse Level Each component part of a letter is made as a separate stroke. Stroke Impulse Level Each component part of a letter is made as a separate stroke. Hand Printing Handwriting Letter Impulse Level The letter is made as a single unit. Word Impulse Level Words are written as single units. Sentence or Phrase Level A group of words written without concern for how the letters are written or are suppose to look. Skill Level A writer’s skill level is determined by the interaction of his fingers, hand, wrist and arm as defined by the impulse level and rhythm of the writing written at that level. The Importance of Systems What is a handwriting system? 1. A formal set of model letter forms to be copied or simulated by the student 2. Individual letter forms written by one writer and adopted by another Zaner-Bloser System Cursive Zaner-Bloser System Manuscript The importance of individuality Individual Writing Variation In Writing Letterforms are written around a “master pattern” Writing Quality •The skill and rhythm of the writing •The line quality •The relative speed of the writing The interaction of these determines the range of the writing quality. Writing Quality (cont.) “…is an overall reflection of writing skill, …governed largely by the movement through which the writing was produced.” (Ron Dick) Poor Just below average Average to above average Features of Writing The combination of characteristics found in the writing of a single person that are peculiar to that writer and are the result of his writing habits. For example: Slant Spacing habits Relative relationships Pen lifts Letter/word baseline relationships Etc. Attaching Significance The significance attached to the qualities and features of a writing are directly related to the frequency of their occurrence in random writing. But, one feature alone does not make an ident or difference eliminate a writer!! The Process of Comparison • All qualities and features of a writing must be carefully examined and considered separately, and jointly, before, and during a side-by-side comparison. • Similarities and differences must be considered, and if the significance of the combination of similarities is greater than the combination of differences, the writings could be of common authorship. If the significance of the combination of differences outweigh the similarities, the writings could be by different writers. • The assumption made here is that the questioned and specimen writings are naturally written. Reaching A Decision • The forensic document examiner should reach a decision only after considering every aspect of the writings being examined, testing hypothesis, and formulating a clear and convincing result based only on the evidence contained within the writings. • At no time should unrelated outside information be given significance. Report Format 1. Date and case identification information 2. Description of exhibit(s) 3. Examination(s) requested and conducted 4. Result(s) of the examination 5. Remarks and disposition of evidence Item Nos. 1 through 3 are basic for the investigators submission request. Science v. Law Science Digital Causation Probabilistic Universal replicate Law Analogical individual particular normative socially contingent Causation Individual & Particular Universal…done one case at a time 1 Burden of Proof 1. Legal standard—“The duty of a party in a suit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required, depending on the type of case….”1 “Beyond A Reasonable Doubt” “Clear and Convincing” “Preponderance of the Evidence” “Substantial Evidence” Burden of Proof, cont. 2. The Experts Standard—“To a degree of scientific certainty.” “Scientific” means proceeding in a systematic and methodical way. “Certainty” means having complete confidence in the truth of something, a conclusion or outcome that is beyond doubt. Opinion Terminology • The opinion should state his degree of belief using the fewest qualifying words and phrases possible. • Some qualifying words/phrases he could use: “very probably,” “probably,” “indications,” etc. • When used, they have very specific definitions that do not correspond to the burden of proof standard required by the courts, and are not mathematical statements. • The opinions expressed by the FDE should only be one component of a case. He can, and ethically should, only testify as to his degree of belief based on a scientific examination of the evidence examined. Opinion Terminology, cont. The typical opinion statement begins: “It has been concluded that…” A. “John Doe wrote…” B. “John Doe very probably wrote…,” “In all probability John Doe wrote…,” or “It is highly probably that John Doe wrote.” C. “John Doe probably wrote…” Opinion Terminology, cont. D. “There is some evidence to suggest that John Doe wrote…” E. “It could not be determined whether John Doe wrote…” F. “With the material available for comparison, no evidence was found to suggest that John Doe wrote…” G. “There is some evidence to suggest that John Doe did not write…” Opinion Terminology, cont. H. “It has been concluded that John Doe probably did not write…” I. “It has been concluded that in all probability John Doe did not write…” J. “It has been concluded that John Doe very probably did not write…” K. “In all probability John Doe did not write…” L. “John Doe did not write…” Opinion Terminology, cont. What do they mean? A. “John Doe wrote…” “Unequivocal, positive identification, …” As far as the document examiner is concerned “it is a fact that the questioned and specimen writings are by the same writer.” Opinion Terminology, cont. B. “John Doe very probably wrote…,” “In all probability John Doe wrote…,” or “It is highly probably that John Doe wrote.” The document examiner has some slight reservation. Possible reasons: Lack of sufficient individuality Lack of adequate, or need for more, specimens A problem in the questioned writing Opinion Terminology, cont. C. “John Doe probably wrote…” The evidence points rather strongly, but falls short of what is necessary for a highly probable. Possible reasons: The presences of significant similarities and irreconcilable differences not explainable with the existing writings Lack of adequate, or a need for more, specimens A problem in the questioned writing Someone else could be the writer Opinion Terminology, cont. D. “There is some evidence to suggest that John Doe wrote…” Possible reasons: A minimum of individuality Disguised or un-natural writing Lack of adequate, or a need for more, specimens Problems in the questioned or specimen writing “Keep this writer in mind” Opinion Terminology, cont. E. “It could not be determined whether John Doe wrote…” When the document examiner begins his examination he starts from a position of neutrality. Sometimes, even after he completes the examination he still does not know whether the specimen writer wrote the questioned material. Possible reasons: Insufficient writing Tracing or simulation Extreme disguise or un-naturalness Etc. Opinion Terminology, cont. F. “With the material available for comparison, no evidence was found to suggest that John Doe wrote…” Possible reasons: Lack of individuality Opinion Terminology, cont. G. “There is some evidence to suggest that John Doe did not write…” Possible reasons: Different writer Differences out weigh similarities Opinion Terminology, cont. I. “It has been concluded that in all probability John Doe did not write…” J. “It has been concluded that John Doe very probably did not write…” K. “In all probability John Doe did not write…” L. “John Doe did not write…” Possible reasons: Different writer Differences increasingly out weigh similarities Opinion Terminology, cont. L. “John Doe did not write…” This is the opposite of an identification. When the examiner renders this opinion he is saying that the specimen writing absolutely did not write the questioned writing. To reach this level of certainty the examiner has to be certain that at no time in the writers writing career did he ever have the skill, ability, and the same individuality characteristics necessary to write in this manner. How Many Writer’s? Q-1 Q-2 Q-3 Q-4 Q-5 Q-6 The Answers Q-1 “Could not be determined…” (Written by writer S-1 as disguised writing.) Q-2 “Probably written by S-1.” (Written with the unaccustomed hand.) Q-3 “Written by S-1” Q-4 “Written by S-2” Q-5 “No evidence to suggest…” (Written by S-2 using the unaccustomed hand.) Q-6 “No evidence to suggest…” (Written by S-2 while disguising his writing.) How Many Writer’s? ONE Rapid Normal Disguised