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Questioned Document Evidence and Handwriting

A questioned document, whether a contested will, forged check, or suspicious suicide note, is a part of many forensic investigations. The term "Questioned Document" includes any document whose authenticity is in question. Experts in this field known as Forensic Document Examiners have extensive training that involves the analysis and comparison of questioned documents with known material in order to identify whenever possible, the author or origin of the questioned document. In addition to documents, writing found at a crime scene, such as a message about the crime written on a wall, is also examined by Forensic Document Examiners for clues to the identity of the person who wrote it.

Handwriting Comparison

In elementary school we all learn to write in the same basic process. Our parent or teacher provides us with an example to copy of each of the letters of the alphabet. We practice copying those letters over and over until we can successfully produce them without needing to reference the example as we write. Thus, learning to write requires a series of deliberate and thoughtful events. As we master the skill, putting pen to paper becomes an almost effortless, subconscious undertaking. When writing becomes a more subconscious process around mid to late adolescence, we each develop writing habits that make the shapes and patterns of our lettering unique. These individual markings are what document examiners look for when they are asked to evaluate handwriting samples. In addition to the way we individualize our letters, most people unconsciously write at a certain angle or with a certain amount of pressure on the paper or document medium. These additional mechanical features make it very unlikely that two individuals will have identical handwriting.

In order to make a handwriting comparison, the examiner must first collect a handwriting sample known as an exemplar. An exemplar is a sample of handwriting whose source is known, such as a dictated passage that a suspect is requested to write in the presence of an officer or Forensic Document Examiner and witness. The purpose of an exemplar is to compare a known document with a questioned document to identify any existing matching characteristics.

There are several guidelines that should be followed when collecting handwriting exemplars from a suspect. The image to the right demonstrates some differences:

The exemplar should contain the same letters, letter combinations, and words as the material in question, though it does not necessarily need to be in the exact same order or sequence as the original document. In certain cases, however, it can be beneficial to dictate the exact same wording of the questioned document to the suspect.
When asking for an exemplar, it is very important to never show the suspect the original document or provide any instruction on spelling or punctuation.
Provide the suspect with a similar type writing utensil and paper as the questioned document so that the writing conditions are reproduced as closely as possible.
The suspect should also be seated and comfortable when collecting an exemplar.
An adequate sample size is imperative so that both qualitative and quantitative data can be collected. When the questioned document is long enough, the text should be dictated to the suspect at least three times for collection. If the questioned document consists of few words or simply a signature, the suspect should be required to write the signature or text at least 20-30 times.

When comparing the questioned document to an exemplar the examiner will look at grammar, punctuation, font size, shape, slant, margins, fluidity, spacing, unusual letter formation, flourishes or embellishments, and pressure.

Spelling, punctuation and grammar can be very useful; in particular if the person is not a native English speaker as in the Lindbergh baby ransom note. The writer of the letter was not a native English speaker and had some peculiar spelling and grammatical patterns consistent with a native German speaker. Later, a German criminal who had recently immigrated to the US named Bruno Richard Hauptmann was arrested for the murder. See image to the right for an image of the actual Lindberg kidnapping letter.

It is also important to note that there are a few factors that may make a comparison more complex or difficult. Factors that complicate a handwriting analysis include situations in which a suspect is under the influence of drugs or alcohol, as well as cases in which an exemplar is being written with a deliberate attempt to disguise the natural form of the handwriting.

Attempts to disguise the handwriting may be overcome with repetition. See the example to the left. This is because a suspect is more apt to revert to some of their natural and subconscious writing habits if they are asked to repeatedly write the same passage over and over. This is a concept known as "Automaticity". Automaticity is the ability to do things without occupying the mind with the low-level details required, allowing it to become an automatic response pattern or habit. It is usually the result of learning, repetition, and practice. Often the mind will, in essence, take a shortcut if the same task is repeated over and over without needing a conscious effort. This is more likely to occur when the same process is requested of the brain over time; it is also the reason that you may have driven to a location and not necessarily remember consciously doing so! You may have even said "I must have been on auto-pilot!" This is the same rationale in taking multiple exemplars.

Forensic Document Examiners are trying to catch the suspect in a moment of automaticity in their writing in which they revert to their usual subconscious writing habits! Ultimately, each case must be considered individually when trying to make a determination of whether an exemplar and a questioned document have a significant number of match points.

Typically, a document examiner will give his or her decision on whether a handwriting sample matches a known sample with one of the following designations:

Identification: The writing is consistent with the known sample and has enough identifying characteristics to say that they are from the same writer. There are no differences in the writing outside of normal variation.

May Have: Just as it sounds, the examiner believes enough characteristics of the writing samples are the same that it is plausible that the writings were produced by the same person. However, some variation exists which precludes it from being an identification.

No Conclusion: It could not be concluded that the samples were from the same or different people. This is usually due to the limited size or clarity of the writing samples.

May Not Have: A decision based on the fact that some differences were noted in the writing, but due to some factor (such as a limited sample size or clarity of one of the samples), the writer could not be definitively excluded.

Elimination: A decision that the samples were not produced by the same writer because the samples were so dissimilar and did not have any matching characteristics.

All of these characteristics that are individual to a person and his/her handwriting make handwriting evidence individual evidence.

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