What is
a handwriting expert / document examiner?
Document examination and handwriting identification is a discriminatory process
that derives from the comparison of writing habits and evaluates the significance
of their similarities and differences. A person performing this discipline
is referred to as a forensic document examiner and sometimes called a handwriting
expert or handwriting analyst.
What is the difference between document
examination and graphology?
Graphology is the study of determining personality traits from
the handwriting and establishing a psychological profile based
on the formation of the letters and position of the writing on
the page. Document examination does not involve the personality
characteristics of a writer, only whether a specific writer is
the author of the writing or document that is in question. Think of it like astronomy
and astrology. Both study the stars but each has different applications. The
same goes for document examination and graphology. They both study handwriting
but each have a different focus, each are different disciplines and therefore
require different forms of training to acquire competency in each. Just because
someone is a graphologist does not mean they are qualified to perform forensic
document examination.
What is a forgery?
According to the FBI, a FORGERY is defined as “the altering,
copying, or imitation of something, without authority or right,
with the intent to deceive or defraud by passing the copy of
thing altered or imitated as that which is original or genuine;
or the selling, buying, or possession of an altered, copied,
or imitated thing with the intent to deceive or defraud.
Is
forensic document examination an art or a science?
It is an art that uses scientific instruments and methods. Similar
to how a radiologist interprets the images from an X-ray. Alwyn
Cole said, "In the sense that
it is classified, formulated and verifiable knowledge gathered by observation,
research, and experiment, it is scientific knowledge."
How much does
a handwriting expert charge to render an opinion?
I work on retainer fee, like a lawyer. At the conclusion of my investigation,
I will contact you with a verbal opinion. If my opinion is found in your favor,
I will also supply you with a notarized letter stating my opinion. If not,
then the balance of the retainer fee that applies to written opinion will be
refunded to you. All other charges are dependent on the type of case and whether
the case goes to court. I can discuss the details of such charges during your
free initial consultation visit. See the Fee
Schedule page for a complete list.
What training does a handwriting expert have to have in order to testify
in a court of law?
Until recent years, the only document examiners have been former government
employees. Opportunities for the private practitioner were next to null.
Very few colleges nationwide offer any extent of document examination and
only rudimentary at best as introductory courses in criminal justice degrees. The
only form of training that was available during pre WWII (1939) was self
taught. This form launched the likes of renowned handwriting experts as Osborn,
Hagan, Ames, Stein and others. Correspondence courses have also provided
a degree of training but without the hands on experience and side by side
training. The most effective and widely accepted form of training to date
is the apprenticeship. All professional organizations for document examiners
require at least a two year apprenticeship with a full time qualified examiner.
Apprenticeship is the form of training I have primarily studied in. Actually,
a handwriting experts’ training is ongoing and continues
throughout life as they attend training conferences, conduct research and
publish articles for trade journals.
According to Hilton in his book "Scientific
Examination of Questioned Documents," (Callaghan & Co.,
Chicago, IL., ©1956): "The most important qualification of a witness
is his ability to do the work. There is no school at which a document examiner,
unlike an engineer or a doctor, can study to prepare himself. Some universities
have offered special courses on questioned document examination, but these
have not as yet been of high enough caliber to develop a proficient worker.
Rather, they give only a survey of the principles of the work. Self-study
is the chief means of gaining this special knowledge, and some men have been
able to supplement this study by apprenticeship or association with a recognized
document examiner or in a recognized laboratory. Self-education must include
study by experimentation and systematic research. Publication of results
in books and recognized journals is good evidence of this phase of competency.
The usual recital of the answers on the various qualifying points unfortunately
tends to make even the most incompetent man sound qualified. But this method
of determining the fitness of an expert is of long tradition, and at the
present there does not seem to be any better means for a court to determine
who is and who is not qualified."
Can I just fax the handwriting sample in, or must you have the originals?
Sometimes a fax is the only thing I have to examine. But the
originals are better. It is vitally important if I am to prove
that my opinion is correct in a court of law. There are things
that the originals can reveal to me that I simply will not
get from a Xerox copy or fax. For both our protection, I also
require all interested parties to sign a Chain of Custody form.
Will this opinion be accepted in a court of law?
The first thing an expert witness is required to do is qualify
in a court of law by decision of the judge. Once an expert’s
qualifications are accepted by the court, their opinion will
be admissible.
According to the Federal Rules of Evidence;
Article VII; Rule 702, “If
scientific, technical, or other specialized knowledge will assist the trier
of fact to understand the evidence or to determine a fact in issue, a witness
qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise, if (1) the testimony
is based upon sufficient facts or data, (2) the testimony is the product
of reliable principles and methods, and (3) the witness has applied the principles
and methods reliably to the facts of the case.”
Also, legal authorities
agree that, “An expert is a person who has
special and competent knowledge of a subject, and who obtained this special
knowledge either through study or through experience.” (Miller vs
State, Okla. Cr. 255, 131 Page 717)
(NOWHERE in
any documentation does it state that an expert is REQUIRED to
be trained by a government or law enforcement agency.)
Does document examination and handwriting identification meet the requirements
of the
Daubert Rule?
Ever since the United States Supreme Court handed down its decision
in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct.
2786. 125 L.Ed.2d 469 (1993), the forensic document examination field
has been challenged as not meeting the Daubert factors required for
the admissibility of scientific evidence. The Supreme Court envisioned
that trial courts would conduct a factor based analysis when determining
whether the testimony was reliable: (1) "whether the theory
of technique can be and has been tested" (2) "whether the theory or
technique has been subjected to peer review and publication" (3) "the
known or potential rate of error" (4) "the existence and maintenance
of standards controlling the technique's operation" and, finally, (5) "'general
acceptance' can yet have a bearing on the inquiry." However, the opinion
noted that the factors did not comprise a definitive checklist or test. On May
13, 1999, the United States Court of Appeals for the Eleventh Circuit held that
the district court properly admitted handwriting identification evidence as satisfying
the "scientifically reliable" criteria of the Daubert case in United
States v. Paul,....175 F.3d 90.6 (11th Cir. 1999). The Daubert inquiry is to
be a flexible one. All of the factors identified in Daubert that guarantee the
kind of reliability the Supreme Court said was needed for admissibility of opinions
based upon scientific knowledge do not necessarily apply to all forms of expert
testimony with the same rigor. Conventional wisdom holds that these factors cannot
be applied, in the manner spelled out in Daubert, to handwriting identification
or to many other forensic sciences where cases deal with problems that are unique
and where the accuracy of a specific finding cannot be stated with a measurable
statistical degree of confidence. The questioned document profession meets the
most stringent of Daubert requirements. Finally, it is clear to the Court that
handwriting identification and document examination has received broad acceptance.
Law enforcement agencies such as Interpol, Scotland Yard, the Central Intelligence
Agency, the Federal Bureau of Investigation and the United States Postal Inspection
service use handwriting analysis.
What process is used in document examination / handwriting identification?
The careful and systematic use of evidence that is common to
most if not all disciplines of forensic science is directed
towards the identification of something unknown. This process
is commonly referred to as the Law of ACE: Analysis, Comparison,
and Evaluation. When any two writings possess a combination
of similar and independent characteristics, corresponding in
relationship to each other, of such frequency and significance
as to preclude the possibility of coincidence, it may be concluded
that they are the same in nature or are related to a common
source. Some noted and respected authorities have said that
there are 21 elements of writing that can be involved in the
identification process.
What makes document examination / handwriting identification possible?
Handwriting is brain writing. No two people write exactly the
same. Handwriting identification is based on two accepted principals
(habituation and the individuality of the writing) and a corollary
to one (discriminative reliability of the identification process).
How many differences does it take to determine that two signatures were
written by two different individuals?
According to Ordway Hilton in his book “Scientific Examination
of Questioned Documents" (Callaghan & Co., Chicago, IL. ©1956), “A
single significant difference between the (known and unknown) specimens
is a strong indication of two writers, unless the divergency can
be logically accounted for by the facts surrounding the preparations
of the specimens.”
Furthermore, Wilson R. Harrison says in “Suspect
Documents” (Fredrick
A Praeger, NY, NY. © 1958), “The rule that a single
consistent dissimilarity, irrespective of the number and nature
of the similarities which are demonstrable must exclude any possibility
of common authorship may seem harsh, but in practice, it is exceptional
for handwritings by different authors to be found to differ in
but one material particular.”
James V. P. Conway says in “Evidential
Documents” (Charles
C Thomas, Springfield, MA. ©1959), “The series of fundamental
agreements in identifying individualities is requisite to the conclusion
that two writings were authored by the same person, whereas a single
fundamental difference in an identifying individuality between
two writings precludes the conclusion that they were executed by
the same person.”
Are you available to come to my business / group / organization to speak?
I am available and qualified to conduct public seminars and presentations
instructing your business or organization about aspects of forgery
and document examination pertinent to your needs and interests. I have various topics that I present.
- “The Making of a Forgery” details
how someone’s public signature relates to Identity Theft.
- “Forgery Proof Your Signature” details
proactive ways people can form their signature in such a way that
it would be difficult to copy and what steps to take to prove your
innocence if you are a victim of ID theft via forgery.
- “Medical Fraud and Prescription
Forgery” details the red flags of altered or fraudulent
prescriptions. Also covers recent legislations due to the rise in ‘meth
labs’ that has caused some stores to remove common OTC drugs
from the shelves.
- “Red Flags of Forged Checks” details
tell tale signs of a forged or altered check. Also covers issue of
check washing and discusses security measures.
- “Credit Card Fraud” details
proactive ways people can prevent their credit cards from being duplicated
and used. Also covers preventive security measures in current use.
All of these presentations can be adjusted and
custom made to address specific concerns and interests. Contact
me to discuss speaker’s fees and to schedule a presentation
to your business or group. First come first serve and availability
is dependent on current case work load and court appointments..
Portions of the answers on this
page written by Thomas Grogan and adapted from “Handwriting
Identification: Facts and Fundamentals” by Roy Huber and
A. M. Headrick, "Attorney's Guide to Document Examination" by
Katherine Koppenhaver and various Forensic Evidence journals.
Additional sources are as noted. |