NCJ Number
174924
Journal
International Journal of Forensic Document Examiners Volume: 3 Issue: 1 Dated: January-March 1997 Pages: 45-48
Date Published
1997
Length
4 pages
Annotation
This paper reviews major judicial decisions in Federal, military, and State courts regarding the collection of requested handwriting samples.
Abstract
Forensic handwriting comparisons require adequate and properly prepared handwriting specimens. Some suspects provide handwriting specimens voluntarily. In other cases the investigating agency must rely on Federal and State laws to acquire handwriting samples from suspects. Federal, military, and State courts have developed their rules separately. The Federal courts have had the greatest impact in this area and have provided precedents for other courts to follow. Federal law is currently very clear and on the side of the government to allow samples to be taken and even compelled. Federal judicial decisions date from 1903 and have continued with decisions through 1982. Military courts also permit suspects to be compelled to provide handwriting samples for comparison purposes. However, it took the military courts several years longer than the Federal courts to make this decision. Georgia and Nevada are currently the only two States with laws that do not correspond to either Federal or military laws dealing with the admissibility of handwriting exemplars. A Georgia law allowing suspects to be compelled to provide handwriting samples was overturned in 1979. However, most Georgia document examiners believe that the Georgia Supreme Court would reverse this decision if a case were brought before it. Nevada's law is believed to be comparable to Georgia's law. 33 reference notes