Handwriting and Document Analysis Document Analysis • Defined: examination and comparison of questioned documents with known material • So, what is a questioned document? • Frankly, it’s a document that has any signature, handwriting, typewriting, or other marks whose source or authenticity is in dispute. • Examples: checks, certificates, passports, wills, money, letters, contracts, suicide notes, receipts, ransom notes, lottery tickets… etc. Document Expert vs Graphologist • Document experts are specially trained to scientifically analyze handwriting and other features in a document. • Many times these professionals are used at crime scenes or in investigations to determine author of suicide or ransom notes by comparison of features with known writings of suspects. • Graphologists study the personality of the writer based on handwriting samples… this is not technically part of forensic science, but there may be value in determining what the killer’s personality may be. History of Forensic Handwriting Analysis • Even though most of us were taught to write and form letters in a certain way, most people develop their own style and have nuances in their handwriting. • This makes handwriting as unique as a fingerprint. It is difficult to disguise and forge. • Handwriting analysis was used in the 1930s to investigate the kidnapping and murder of the son of famous aviator, Charles Lindbergh. • It was handwriting analysis of the many ransom notes that led to the conviction and execution of Bruno Richard Hauptmann. Is it reliable? • For many years, it was not thought to be reliable or a credible source of evidence, BUT • In 1999, the US Court of Appeals determined that handwriting analysis qualifies as a form of expert testimony. • Scientific analysis must be the guiding force when analyzing handwriting. It’s an important tool used by FBI, Scotland Yard and Secret Service. Factors that Affect Handwriting • On any given day, there may be slight variations to our handwriting. These factors are: • Mood • Age • Time it takes or time we have to write something Characteristics of handwriting • Experts examine 12 different categories or characteristics. These characteristics are functions of: letter formation, line formation, and formatting. • Letter formation: shape, curve and angle of letters, proportional size of letters, are letters written correctly (dotted I’s and crossed t’s) • Line Formation: smoothness of letters, darkness of lines on upward and downward strokes. Influenced by speed and pressure of writing Characteristics of handwriting • Formatting: spacing between letters, spacing between words and lines, margins left by writer, etc. • 12 characteristics: • 1) Line quality-do the letters flow or eratic/shakey? • 2) Spacing- are letters equally spaced or are they crowded Characteristics of Handwriting • 3) size-consistency- ratio of height to width consistent • 4) Continuous- does writer lift the pen? • 5) Connecting letters- are capitals and lowercase letters connected and continuous? • 6) Letters complete- are letters completely formed? • 7) Cursive and printed- are the letters cursive, printed or a mixture of the two? • 8) Pen pressure- is there equal pressure to upward and downward strokes? Characteristics of handwriting • 9) slant- left, right or variable? • 10) Line habits- is text on, above or below the line given? • 11) Fancy curls or loops-embellishments on letters • 12) placement of crosses on t’s and dots on I’scorrect, misplaced, T’s middle, top or bottom? Analysis of a Sample • 3 basic steps: • 1) Questioned document is compared to an exemplar… it’s best to use an authentic exemplar, like a note, diary, even a written police statement. • 2) Characteristics of each are compared. • 3) Determination of which characteristics are valuable for drawing a conclusion. Conclusions • If there are obvious differences between the two documents, it is likely that they were written by two different authors. • Similarities do not guarantee authorship, since there is the possibility of common characteristics among people’s handwriting. • The more characteristics that are in common, the greater the chance of same authorship. • Professionals must also be trained to identify conscious authorship, or those trying to disguise their handwriting. • To minimize conscious writing efforts: 1) Do not let author see questioned document.2) Suspect should not be given instructions about punctuation or spelling. 3) The pen and paper should be similar to questioned document. Technology used in Analysis • Infrared spectroscopes can determine if different inks were used. • Biometric signature pads detect pressure, speed and rhythm of signing your name. It can easily detect forgeries by slight differences in either of the above characteristics. • FISH- Forensic Information System for Handwriting is a computerized database used and maintained by the Secret Service. Handwriting can be scanned and compared to samples stored in the database. Evidence in the Courtroom • The document expert will often be called to testify in court about his/her findings. • In addition to a written analysis, they must be able to cite specific instances in court regarding the suspect’s guilt or innocence based on their analysis. Shortcomings • The analysis can only be as good as the standard to which it is compared. • There have been cases in which a forged document was compared to a standard that was also forged. • Also, remember that age, mood, illness and fatigue can affect a person’s handwriting as well. Forgery • Defined: process used by criminals to make, alter, or falsify a person’s signature or another aspect of a document with the intent to deceive another. • When material gain is the motive, it is termed fraudulence. The primary purpose of most forgeries is to make profit, so it is deemed fraudulence. • Example: Martin Coneely was caught forging letters by Abraham Lincoln in 1937 and selling them. He was sentenced to 3 years in prison. Check Forgery • More than 70 billion checks are written each year. • Approximately $27 million dollars in illegitimate checks are cashed each day! • How does this occur???? • 1) Ordering checks from the deposit slips of others. • 2) Directly altering a check • 3) Intercepting someone’s check, altering it and cashing it • 4) Creating forged checks from scratch Frank Abagnale • Once a master forger, now works in the area of document forgery and fraudulence, and has consulted for the FBI. • He changed his driver license to appear 10 years older. After getting a small amount of money, he opened a bank account. He used magnetic ink on deposit slips and returned them to the bank counter. Before they figured out his scheme, he made off with $40,000 and changed his name. Counterfeiting • When false documents are copied for the purpose of deception, it is termed counterfeiting. • Travelers checks, bonds and currency are often among the most counterfeited items. • Counterfeiting is a US federal felony, punishable by up to 15 years in prison. • **What measures has the secret service taken to prevent counterfeiting of US currency? Forgery Laws in KY • Prosecutor must prove: • 1) The writing has legal significance. • 2) The writing must be false. • 3) Suspect had the specific purpose/intent of deceiving an individual or organization. Forgery Punishment in KY • 1) Forgery in the first degree- includes offenses involving money, stamps, securities or other government issued papers, also stocks, bonds or instruments representing interests or claims in a company…Class C felony, 5-10 years in prison • 2) Forgery in the second degree- involves a will, deed, contract, assignment, credit card… Class D felony, 1- 5 years in prison. Forgery and Punishment in KY • 3) Forgery in the third degree- catch all category, those things not included in the first 2… writings or other forged documents not mentioned above. Class A misdemeanor, fine up to $500 and 90days to a year in jail. • Possessing a forged document with intent to use to defraud is also punishable…this is punishable based on the charges above, depending on what type of document is used. Detecting alterations and erasures • Good document analysts will look for erasures and alterations. • Example: The lottery ticket would be a winner if that 3 were an 8… many people try to alter the document to “win” the big money. However, the tickets are highly scrutinized. Something must be erased, either my correction fluid, or other methods before altering the digit or writing to read as the forger intends. Dyes in ink • Even though black ink looks like black ink, the formulations used by each company varies widely. • Often times pictures can be taken with IR or UV filters to detect differences that our eyes cannot detect. • Chromatography can be used in some cases, but the document would have to be altered by the examiner to do this test, so it is not often performed. Charred Documents • When a document is burned, the paper turns to black or near black and often times obscures the ink so that it can no longer be read. • If the correct filters are used on the camera, the ink may fluoresce in the UV or IR region, allowing the document to be read. Visualizing indented writing • ESDA- (electrostatic detection apparatus) allows a static charge to be put on a thin plastic film. • When a vacuum is added, fine particle/dust powder is placed over it and settles in the indented areas of the document, making them able to be read. • Very sensitive…can read multiple pages, up to six deep on a pad of paper. Age Determination • This type of information might be important regarding what type of documents? • Examination of inks, watermarks and composition of the paper can help aid in age determination. • The ink solution can be tested through thin-layer chromatography or high-performance liquid chromatography to get a break down of dyes used in the ink present. • Read about the Kennedy letters…