QUESTION DOCUMENT
BACKGROUND/ MOTIVATION
Questioned document is a crucial part of an investigation of crime incident which a
diligent and skilled investigator needs an effort to gather as potential evidence.
DOCUMENT
-Any material which contains mark, symbols or signs, either visible or invisible, that may
presently or ultimately convey meaning or message to someone.
STANDARD DOCUMENT
Are condensed and compact set of authentic specimen which is adequate and proper,
should contain a cross section of the material form it source.
QUESTIONED
Any material, which some issue has been raised or which is under scrutiny
QUESTIONED DOCUMENT
-any document about which some issue have been raised or under scrutiny with respect
to its genuineness and its origin. Is said to be questioned when it is disputed or attacked,
either in whole or in part as to its date or age, as to its source or origin, as to the
material used in their production, and as to its relation in some other document
KINDS OF DOCUMENT
1. PUBLIC DOCUMENT
- any instrument notarized by a notary public or competent public official with
solemnities required by law.
2. OFFICIAL DOCUMENT
Any instrument issued by the government or its agents or its officers having the
authority to -do so and the offices, which in accordance with their creation, they are
authorized to issue and be issued in the performance of their duties.
3. PRIVATE DOCUMENT
- every deed or instrument executed by a private person without the intervention of a
notary public of a person legally authorized by which documents, some disposition or
agreement is proved evidence set forth.
4. COMMERCIAL DOCUMENT
–any instrument executed in accordance with the Code of Commerce or any Mercantile
law, containing disposition of commercial rights or obligations.
REQUIREMENTS IN THE EXAMINATION OF QUESTIONED DOCUMENT
CARE, PRESERVATION AND HANDLING OF QUESTIONED DOCUMENTS
The improper/or careless handling of a disputed document can lead to serious
curtailment of certain technical examinations.
Most frequently, this condition is brought about by ignorance of the consequences of
mishandling; just the simple act of removing & replacing a letter in its envelop
repeatedly can cause noticeable deterioration.
The care, handling and preservation of documents can be discussed adequately by
setting forth certain positive rules of action in the form of “DO’s” and listening several
admonitions in the form of “DON’T’s”.
DO’s
Keep documents unfolded in protective envelope. The most useful and effective
protective covering of a disputed documents is a transparent plastic envelop.
Take disputed papers to the documents examiners laboratory at the first opportunity.
-If storage is necessary, keep the document in a dry place away from excessive heat
and strong light.
Proper Storage
“DON’TS”
Do not handle disputed papers excessively or carry them in a pocket for along time.
Avoid Excessive Handling
Repeated handlings of a document actually wear-it out. In this way a becomes
dirty, frayed, and stained.
Do not mark disputed documents (either by consciously writing or by pointing at
them with writing instrument or dividers).
Do not mutilate or damage by repeated refolding, creasing, cutting, tearing or
punching for filing purposes.
Do not allow anyone except qualified specialist to make chemical or do not treat or
dust for latent fingerprints before consulting a document examiner.
Do not allow “Amateur Testing”
When possible, the charred documents should be moved in the container which
they were found. If the fragments in are not packed tightly, lightweight absorbent cotton
may be used as padding. Jarring of the box must be kept to minimum if this cannot be
entirely eliminated.
DOCUMENT AND QUESTIONED DOCUMENT EXAMINATION
ADDITION- any matter made a part of the document after its original preparation may
be referred to as addition.
CONCLUSION – A scientific conclusion results from relating observed facts by logical,
commonsense reasoning in accordance with established rules of laws. The document
examiner’s conclusion, in legal term is referred to as opinion.
DOCUMENT EXAMINER – One who studies scientifically the details and elements of
documents in order to identify their source or to discover other facts concerning them.
Document examiners are often referred to as handwriting identification experts, but
today the work has outgrown this latter title and involves other problems than merely
the examination of handwriting.
ERASURE – The removal of writings, typewriting or printing, from a document is an
erasure. It may be accomplished by either of two means.
1. Chemical eradication in which the writing is removed or bleached by chemical
agents.
2. Mechanical Erasure is where the writing is effaced by rubbing with a rubber eraser
or scratching out with a knife or other sharp with implement.
EXAMINATION -It is the act of making a close and critical study of any material and with
questioned documents, it is the process necessary to discover the facts about them.
Various types are undertaken, including microscopic, visual photographic, chemical, ultra
violet and infra-red examination.
EXPERT WITNESS – A legal term used to describe a witness who by reason of his special
training or experience is permitted to expres an opinion regarding the issue, or a certain
aspect of the issue, which is involved in a court action. The purpose is to interpret
technical information in his particular specialty in order to assist the court in
administering justice The document examiner testifies in court as an expert witness.
HANDWRITING IDENTIFICATION EXPERT – a common name for the document examiner.
IDENTIFICATION -as used in this text it is the state of being identical or absolutely the
same as In similarity of source or authorship of the questioned document and the
standard document examiner.
INSERTION OR INTERLINEATION -The term insertion and interlineations include the
addition of writing and other material between lines or paragraphs of the addition of
whole page to a document.
NON-IDENTIFICATION – As used in this text it means the source or authorship of the
compared questioned and standard specimens is different.
OBLITERATION- the blotting out or shearing over the writing to make the original
invisible to as an addition.
OPINION – In legal language, it refers to the document examiner’s conclusion. Actually,
in Court, he’s not only expressing an opinion but demonstrates the reasons for arriving at
his opinion Throughout this text, opinion and conclusion are used synonymously.
QUALIFICATION- The professional experience, education, and ability of a document
examiner. Before he is permitted to testify as an expert witness, the court must rule that
he is qualified in his field.
DIVISIONS OF QUESTIONED DOCUMENT EXAMINATION
CRIMINALISTICS EXAMINATION – This involves the detection of forgery, erasure,
alteration or obliteration of documents. The criminalistics examination of documents
similar to other kinds of laboratory works.
HANDWRITING INVESTIGATION 1 ANALYSIS – This is more focused in determining the
author of writing It is more difficult procedure and requires long study and experience.
TAKE NOTE:
Dr Wilson Harrison a noted British Examiner of questioned documents said that an
intelligent police investigator can detect almost 75% of all forgeries by careful inspection
of a document with simple magnifiers and measuring tools.
CLASSES OF QUESTIONED DOCUMENT:
1. Documents with questioned signatures.
2. Questioned documents alleged to have been containing fraudulent alteration
3. Questioned or disputed holographic wills.
HOLOGRAPHIC WILL – will entirely written in the handwriting of the testator
NOTARIAL WILL- signed by the testator acknowledge before a notary public with 3
witnesses
4. Documents investigated on the question of typewriting
a. With a view of ascertaining their source
b. With a view of ascertaining their date
c. With a view of determining whether or not they contain fraudulent
alterations of substituted pages
5 Questioned documents on issues of their age or date
6 Questioned Documents on issues of materials used in their production.
7 Documents or writings investigated because it is alleged that they identify some
persons through handwriting
a. Anonymous and disputed letters, and
b. Superscriptions, registrations and miscellaneous writings