The Constitution: the Fourth Amendment “The Right of the People to Be Secure in Their Persons, Houses, Papers, and Effects
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The Constitution: The Fourth Amendment Chapter 10 Handwriting Analysis, Forgery, and Counterfeiting “The right of the people to be secure By the end of this chapter you will be able to: in their persons, houses, papers, and describe 12 types of handwriting characteristics effects against unreasonable that can be analyzed in a document searches and seizures, shall not be demonstrate an example of each of the 3 types of violated, and no warrants shall issue, handwriting traits identify the major goal of a forensic handwriting but upon probable cause, supported analysis by oath or affirmation, and distinguish between the terms forgery and fraudulence particularly describing the place to identify several ways that businesses prevent check be searched, and their person or forgery describe 4 features of paper currency that are used to things to be seized.” detect counterfeit bills 2 Forensic Science: Fundamentals & Investigations, Chapter 10 Introduction Introduction Document analysis - examination of questioned Document expert – person who scientifically documents w/ known material for authenticity, analyzes handwriting and other features. changes, erasures, and obliterations. Compare traits such as appearance of letters, Questioned document – signature, handwriting, typewriting, or other written mark whose source or detect changes from the original, or identify the authenticity is in dispute or uncertain. author. Examples: check certificates, wills, passports, Exemplar – standard document of known origin lottery tickets, licenses, money, letters, contracts, and authorship used in handwriting analysis. receipts. Graphologist – studies the personality of the Also investigate the type of paper and ink. writer based on handwriting samples Study threatening, ransom, or suicide notes. Their work can help identify a document’s author. – Not always accepted by forensic scientists 3 Forensic Science: Fundamentals & Investigations, Chapter 10 4 Forensic Science: Fundamentals & Investigations, Chapter 10 History of Forensic Handwriting Analysis Introduction to Handwriting In the 1930s, handwriting analysis played a role Natural variations include type of writing in the famous Lindbergh case. instrument, mood, age, how hurried we are. In 1999, the United States Court of Appeals Handwriting is unique to each person despite determined that handwriting analysis qualified as the variations a form of expert testimony. As children we learn to write through To be admissible in court, however, scientifically basically the same method. accepted guidelines must be followed. Once we write subconsciously, unique Handwriting analysis has been used by Scotland handwriting is formed Yard, the FBI, and the Secret Service. 5 Forensic Science: Fundamentals & Investigations, Chapter 10 6 Forensic Science: Fundamentals & Investigations, Chapter 10 1 3 Main Characteristics of Handwriting Introduction to Handwriting Letter form – shape, curve, angle, and Everyone’s handwriting shows natural variations. Here proportional size of letters, connecting lines are 6 of the 12 major, specific traits. between letters, and correct form (dotted i) Line form – smoothness of letters, darkness of lines in upstroke and downstroke. Influence by speed of writing, pressure, and writing instrument. Formatting – spacing between letters, words, lines, placement of words on a line, margins. These are further divided into 12 catergories. 7 Forensic Science: Fundamentals & Investigations, Chapter 10 8 Forensic Science: Fundamentals & Investigations, Chapter 10 Introduction to Handwriting Handwriting Examination The traits are functions of formatting or of letter or line Two writings are the product of one person if their form. Here are the other 6 of the 12 major, specific traits. similarities are unique and no unexplainable differences are found. 1. Examine the questionable document for detectable traits and record them. 2. Obtain some writing of the suspect’s (an exemplar) and compare the traits found in the questionable document with it. 3. Draw conclusions about the authorship of the questionable document based on the comparison. 9 Forensic Science: Fundamentals & Investigations, Chapter 10 10 Forensic Science: Fundamentals & Investigations, Chapter 10 Analyzing a handwriting sample Technology in Analysis If possible, exemplar should be obtained Initial examination made with eye, hand lens, without informing the person of the intention of or microscope. comparison. Specialized equipment can reveal minor Suspect should not be shown the questioned details about how a document was changed. document. – Infrared can determine if two different inks Suspect should not be given instructions about punctuation or spelling were used on same document Pen and paper should be similar to that of the questioned document. 11 Forensic Science: Fundamentals & Investigations, Chapter 10 12 Forensic Science: Fundamentals & Investigations, Chapter 10 2 Technology Used in Handwriting Analysis F.I.S.H. Biometric Signature Pads Forensic Information System for Handwriting This computerized pad “learns” to recognize how a person signs his or her name based on the speed, Used and maintained by Secret Service pressure, and rhythm of the signing. Documents scanned into computer and kept Forgeries then are recognized by the detection of even slight differences. in database Computerized Analysis of Handwriting This system has verified that no two writers Computers can make objective comparisons pen their words exactly the same nor do they between handwritings. have the same combination of handwriting Suspect signatures can be compared with ones stored in databases. characteristics. 13 Forensic Science: Fundamentals & Investigations, Chapter 10 14 Forensic Science: Fundamentals & Investigations, Chapter 10 Handwriting Technology Assignment Evidence in the Courtroom Find information about four handwriting The expert shows how comparisons were made. analysis technologies, other than those we have already mentioned. The defense attorney likely will cross-examine the handwriting expert. The technologies can help identify handwriting characteristics, analyze ink or Shortcomings in Analysis Quality of the exemplar determines the quality paper, identify changes, etc. of comparison. Write a few sentences for each technology Good exemplars may be difficult to obtain. Factors can affect handwriting, i.e. fatigue. 15 Forensic Science: Fundamentals & Investigations, Chapter 10 16 Forensic Science: Fundamentals & Investigations, Chapter 10 Preventing Check Forgery Forgery These are some methods used to prevent check forgery: Forged documents can include such things as checks, employment records, legal agreements, licenses, and wills. Fraudulence is forgery done for material gain. Check forgery can include: – ordering another’s checks from a deposit slip. – altering a check. – intercepting another’s check, altering, and cashing it. – creating a check from scratch. 17 Forensic Science: Fundamentals & Investigations, Chapter 10 18 Forensic Science: Fundamentals & Investigations, Chapter 10 3 Literary Forgery William Henry Ireland - Research Letters or other documents written by famous people Identify documents that Ireland forged. can be very valuable. The literary forgers aim to duplicate the original Cite some evidence discovered by experts document by using: that showed the documents were imitations. – old paper Discuss how Ireland obtained the antique chemically treated materials to fake an older paper and ink. look will not pass microscopic examination Find out how Ireland evaluated the credibility – inks mixed from substances that would have been used at the time of the paper and writings he produced. – watermarks to add the appearance of age – tools and styles that would have been popular at the time 19 Forensic Science: Fundamentals & Investigations, Chapter 10 20 Forensic Science: Fundamentals & Investigations, Chapter 10 Counterfeiting Counterfeit Currency Counterfeiting – production of an imitation of currency, Federal felony punishable by up to 15 years in prison works of art, documents, and name-brand look-alikes, U.S. Secret Service is in charge of investigating for the purpose of deception. counterfeiting Counterfeiting money is a crime stretching back into They have worked with electronics and software ancient times. Items most often forged today include: makers to add security features to paper currency that makes forgery extremely difficult. – currency Scanning cannot reproduce these security features. – traveler’s checks The first security feature is the feel of the paper. – food stamps Regular printer paper contains starch. Paper bills – certain bonds contain rag fiber instead of starch. – postage stamps 21 Forensic Science: Fundamentals & Investigations, Chapter 10 22 Forensic Science: Fundamentals & Investigations, Chapter 10 Verifying Authentic Currency Detecting Counterfeit Currency Counterfeit detecting pens contain iodine, mark will turn bluish-black on counterfeit bills Some features found in the new series bills: because of a reaction with starch Makers claim pen is 98% effective, however the government uses additional criteria – Counterfeiters could bleach a $1bill and turn it into a $100 bill which would pass the pen test. Global movement to change to polymer money (plastic) which would be cheaper to make and more difficult to counterfeit. 23 Forensic Science: Fundamentals & Investigations, Chapter 10 24 Forensic Science: Fundamentals & Investigations, Chapter 10 4 .