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Care and Preservation of Questioned Documents

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25 views3 pages

Care and Preservation of Questioned Documents

QDE
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

ISABELA STATE UNIVERSITY


Angadanan, Isabela

COLLEGE OF CRIMINAL JUSTICE EDUCATION

UNIT III.
MODULE XI. CARE AND PRESERVATION OF DOCUMENTS

Introduction
The care and preservation of documents and handwriting in question to its original condition is vital. Careless
mishandling of any documents may significantly hamper the interpretation of the evidence within them.
Avoid injecting any physical changes or additional notations to the documents which could hinder an evaluation of
evidential handwriting, or the document on which it is found. This includes carelessly introducing a new fold into the
document, and removing or inserting staples.
Under microscopic examination a simple fold within the document could reveal fraudulent additions or alterations to
the original document and an order of writing sequence. It is advised never to put new creases in a document or
alter the direction of those already there. Always include with the document the envelope or information regarding
the manner in which the document was "discovered" to the document examiner.
In the case of a series of anonymous notes, care must be taken to preserve the document's physical integrity.
Indented writing, writing which is inkless and created from the pressure of the writing instrument's movement on
material above the document in question, may be observable under examination.
Original documents should be handled with care and placed in transparent plastic envelopes or protective sleeves.
Protective wrap and document boxes should be used for transportation. Efforts should be made to refrain from
placing any objects on top of the questioned documents that could diminish possible evidence.

Objectives
a. To know how to care disputed documents;
b. To recite the dos and don’ts in the care, handling and preservation of documents;
c. To handle charred documents;
d. To know the importance of preserving documents before it is delivered to the laboratory.

Learning contents
a. Care and preservation of documents

Discussion proper
A. CARE AND PRESERVATION OF DOCUMENTS
HANDLING OF DOCUMENTS AND QUESTIONED DOCUMENTS
A. THE CARE OF DISPUTED DOCUMENTS AND DOCUMENTARY EVIDENCE
1. It is a basic requirement, that when a document becomes disputed and deposited in court or with the
attorney, in order to maintain its original condition, it should be kept UNFOLDED AND IN A SEPARATE,
PROPER SIZE ENVELOPE OR FOLDER. This is true not only for the disputed documents, but for many
other important documentary evidence.
2. It is also advisable that right after the document becomes disputed, or questioned, it is important to
make not only the usual photo static copy (Xerox), but also a proper photograph or photo-enlargement,
done if possible by the document expert or under the supervision of the document expert.
3. When working in the preparation of case, it is often necessary for the lawyer or court to handle
repeatedly the disputed document. Should this be necessary, instead of handling and working with the
original document, the photograph should be used.
4. Every touching, folding, refolding or pointing to certain parts of a document, can change the physical
condition of the case. For example, touching with wet hands or fingers can create smearing in the ink,
pointing with a pencil can leave marks that create a suspicion of previous pencil marks, or experiments as
proof of attempted forgery.
5. Pointing a document with any other instruments, such as sharp stick, can cause slight damage which
although it cannot be seen by the naked eye, can show definite marks under the microscope or on the
enlarged photograph.
6. No test should be made to alter the conditions of the document; for example, the old-fashioned ink test,
which was used to determine the age of the ink-writing.
7. Should any test be necessary, insist that it should be done in the presence of a chemist, or in court, or in
front of both parties involved the case.

B. DOs and DON'Ts in the CARE, HANDLING AND PRESERVATION OF DOCUMENTS


1. “DOs”
a.
b. If storage is necessary, keep in dry place away from excessive heat or strong light.
c. Maintain in consequential document, unfolded and in transparent plastic envelope or evidence
preserver.
2. “DON’Ts”
a. Do not underscore, make careless markings, fold, erase, impress rubber stamps, sticker, write on, or
otherwise alter any handwriting.
b. Do not smear with fingerprint powder or chemicals.
c. Do not carry handwriting document carelessly in wallet, notebook or brief case on grounds of
interviews.
d. Do not handle disputed papers excessively or carry them in pocket for a long time.
e. Do not mark disputed documents (either by consciously writing instruments or dividers)
f. Do not mutilate or damage by repeated refolding, creasing, cutting, tearing or punching for filing
purposes.
g. Do not allow anyone except qualified specialist to make chemical or other tests; do no treat or dust for
latent finger prints before consulting a document examiner.

C. HANDLING CHARRED DOCUMENTS


1. Those extremely fragile must be handled as little as possible and transporting them to the laborato-
ry requires extra-ordinary care. With forethought and caution they can be brought from the distant fire
scene to the laboratory.
2. They should be moved in the container in which they are found whenever possible. When
the fragments are not packed tightly, they should be padded with lightweight absorbent cotton. If jarring
cannot be entirely eliminated jarring the box must be kept to a minimum.
3. Thus every precaution must be taken in handling and transporting the charred residue in order to prevent
the large pieces from becoming unnecessarily and badly broken. The fragment must be held firmly without
crushing and prevent movement or shifting when finally packed in a sturdy container.

(SAQ) Self-Assessment Questionnaires


ACTIVITY. Look for a charred document. Put it in a container. Follow the procedure in handling charred documents.
(20 points)

Summary
This module discusses the instances on how to care, handle and preserve disputed documents. These instances are
required to be followed in order that disputed documents may not be compromised before it is delivered to the
laboratory for examination. Charred documents should be given special attention.

References
[Link]
%20preservation%20of,its%20original%20condition%20is%20vital.&text=Original%20documents%20should%20be
%20handled,should%20be%20used%20for%20transportation.
Personal notes of Ma’am Robielyn O. Bartido, MSCrim.

Common questions

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Maintaining the original physical condition of documents during forensic analysis is critical to avoid any compromise in their evidential value. Physical alterations, like folds or smears, can obscure the document's authenticity clues, such as indentations and sequence of text writing. Original conditions help forensic experts reliably determine aspects like the proper sequence of modifications, which are essential in fraud detection and authentication processes .

Using photographic copies over originals during legal proceedings is recommended to preserve the original document's physical condition. Handling the original document can lead to inadvertent changes, such as folds or smears, that may obscure or misrepresent the evidence during forensic analysis. Photographs provide a stable and unchanging representation that can be examined without risk .

Improper handling of documents, such as making folds, marks, or smearing inks, can alter the physical condition and complicate the evaluation of evidential handwriting or potentially indicate changes that weren't originally present. Such alterations can lead to incorrect conclusions in forensic analysis, as the sequence and condition of the writing can reveal crucial information about authenticity and fraud .

Performing ink age tests without professional supervision can lead to permanent changes or damage to the document, compromising its integrity and value as evidence. Such tests not only alter the document's condition but could also introduce artifacts that mislead forensic examination, thus it is recommended to have these tests conducted by a chemist or in a court setting with all parties involved .

Tests on questioned documents must be conducted by qualified specialists to avoid initiating changes that could bias or invalidate forensic analysis. Dusting for latent fingerprints, for instance, can interfere with the original markings and raise questions of document tampering or forgery. Specialists ensure tests are planned and executed without altering essential evidence .

Primary guidelines for the care and preservation of disputed documents include not folding or altering documents, storing them in proper-sized envelopes or folders, and using photographs instead of the originals for handling. It's crucial to avoid making marks or testing on the document without expert supervision. Proper transportation involves using protective sleeves and boxes. These measures are to ensure the preservation of the document's evidential value .

Common mistakes include touching documents with wet hands which can smudge inks, folding which leaves creases, and marking or pointing with instruments that can leave unseen but crucial marks. These actions can create suspicion around original markings and potentially mislead interpretations regarding alterations or forgery .

Recommended practices for handling charred documents include minimizing handling, using the original container for transport when possible, and padding with lightweight absorbent materials to prevent jarring. The documents should be packed in a sturdy container to stabilize the fragments and prevent movement, thereby reducing the risk of further damage .

Proper document storage is significant to prevent degradation that might affect a document's integrity. Documents should be kept in dry, cool places away from excessive heat or strong light to avoid fading or physical deterioration. They should remain unfolded and stored in transparent envelopes to avoid unnecessary creasing, which can impair forensic investigations .

Safe transport procedures include enclosing documents in transparent plastic envelopes or protective sleeves to avoid exposure to elements that could damage the document. During transport, no weight should be placed on the documents that might introduce additional wear, and special care such as using document boxes should be taken to reduce the effects of jarring during the move .

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