NCJ Number
55309
Journal
Identification News Volume: 29 Issue: 1 Dated: (FEBRUARY 1979) Pages: 9-12
Date Published
1979
Length
4 pages
Annotation
SOME FUNDAMENTAL PRINCIPLES OF HANDWRITING IDENTIFICATION ARE DISCUSSED, AND AN ATTORNEY'S USE OF A HANDWRITING EXPERT AS A WITNESS IS DESCRIBED.
Abstract
THERE ARE FEW INSTANCES WHERE THE FORGER OR GENUINE WRITER DOES NOT LEAVE SOME UNCONSCIOUS TRAIT THAT WILL BETRAY HIM TO THE EXPERIENCED, SKILLED EXAMINER. IN MOST CASES, FORGERY OR GENUINENESS WILL BE SO APPARENT THAT A DEMONSTRATION TO A COURT AND JURY CAN BE MORE CONVINCING THAN THE TESTIMONY OF AN EYEWITNESS. WHILE A PERSON NEVER WRITES HIS SIGNATURE THE SAME WAY TWICE. THERE ARE ALWAYS CHARACTERISTICS AND WRITING HABITS THAT LINK ONE GENUINE SIGNATURE TO ANOTHER. HANDWRITING IN DISPUTE IS SUBMITTED TO A SPECIALIST, WHO CONDUCTS AN EXHAUSTIVE STUDY TO DISCOVER WHERE UNCONSCIOUS WRITING HABITS ARE ABSENT AND OTHER WRITING HABITS SUBSTITUTED. FOR USE DURING EXAMINATIONS, KNOWN WRITINGS, TERMED EITHER 'STANDARDS' OR 'EXEMPLARS,' SHOULD BE CAREFULLY SELECTED. THE GREATER THE NUMBER AND THE NEARER THE DATE AND CHARACTER OF THE DISPUTED WRITING THE BETTER. HANDWRITING AND SIGNATURES ON LEGAL PAPERS, DEEDS, NOTES, MORTGAGES, WILLS, LEASES, RECEIPTS, AND CANCELLED CHECKS ARE USUALLY THE BEST. IN ORDER TO ENSURE THAT A HANDWRITING EXPERT'S TESTIMONY IS DETAILED AND ACCURATE, HE OR SHE SHOULD BE CONTACTED BY AN ATTORNEY IN AMPLE TIME FOR A THOROUGH EXAMINATION OF THE EVIDENCE AND THE CONSTRUCTION OF A DETAILED REPORT. AFTER THE SUBMISSION OF THE REPORT, IF IT IS FAVORABLE, THE ATTORNEY SHOULD HAVE A CONFERENCE WITH THE EXPERT TO DISCUSS DETAILS OF THE TESTIMONY. WHEN A CASE IS TO GO BEFORE A JUDGE OR JURY, PHOTOGRAPHS OF BOTH THE DISPUTED AND KNOWN WRITING SHOULD BE PROVIDED BY THE EXPERT WITNESS. IN ARRANGING THE ORIGINALS TO BE PHOTOGRAPHED, THE DISPUTED AND THE KNOWN WRITINGS SHOULD BE PLACED ADJACENTLY, SO AS TO MAKE COMPARISON EASY. PROCEDURE WHEREBY THE ATTORNEY SHOULD ESTABLISH THE QUALIFICATIONS OF THE EXPERT AND ELICIT THE EXPERT'S TESTIMONY ARE DESCRIBED. (RCB)