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FINAL COVERAGE Handling Standards

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41 views32 pages

FINAL COVERAGE Handling Standards

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© © All Rights Reserved
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Exemplars and

Standards, Care
and Handling
Questioned
Documents
Examining questioned documents requires meticulous attention to detail and proper
handling of exemplar materials. This presentation will explore the importance of
exemplars, the standards for their collection and storage, and best practices for
ensuring the integrity of evidence.
1. WHICH OF THE FOLLOWING ARE KNOWN WRITINGS, WHICH INDICATE
HOW A PERSON WRITES?
2. SPECIMEN OF THE WRITING OF SUSPECTS ARE COMMONLY KNOWN AS?
3. WHICH OF THE FOLLOWING ARE SELECTED REPRESENTATIVE PORTION
OF THE WHOLE?
4. WHICH OF THE FOLLOWING ARE KNOWN GENUINE HANDWRITING OF AN
INIVIDUAL SUCH AS SIGNATURE AND ENDORSEMENTS ON CANCELED
CHECKS, LEGAL PAPERS LETTERS, COMMERCIAL, OFFICIAL, PUBLIC AND
PRIVATE DOCUMENT AND THEIR HANDWRITING SUCH AS LETTERS,
MEMORANDA., ETC?
5. REFERS TO SIGNATURE OR OTHER HANDWRINGS WRITTEN BY AN
INDIVIDUAL uPON REQUEST FOR THE PURPOSE OF COMPARISON WITH
OTHER HANDWRITING OR FOR SPECIMEN PURPOSES.

EXEMPLAR STANDARD SPECIMEN REQUESTED STANDARD

SAMPLE COLLECTED STANDARD POST LITEM MOTAM EXEMPLARS


1. WHICH OF THE FOLLOWING ARE KNOWN WRITINGS, WHICH
INDICATE HOW A PERSON WRITES? STANDARD
2. SPECIMEN OF THE WRITING OF SUSPECTS ARE COMMONLY
KNOWN AS? EXEMPLAR
3. WHICH OF THE FOLLOWING ARE SELECTED REPRESENTATIVE
PORTION OF THE WHOLE? SAMPLE
4. WHICH OF THE FOLLOWING ARE KNOWN GENUINE HANDWRITING
OF AN INIVIDUAL SUCH AS SIGNATURE AND ENDORSEMENTS ON
CANCELED CHECKS, LEGAL PAPERS LETTERS, COMMERCIAL,
OFFICIAL, PUBLIC AND PRIVATE DOCUMENT AND THEIR
COLLECTED STANDARD
HANDWRITING SUCH AS LETTERS, MEMORANDA., ETC?
5. REFERS TO SIGNATURE OR OTHER HANDWRINGS WRITTEN BY AN
INDIVIDUAL IPON REQUEST FOR THE PURPOSE OF COMPARISON
WITH OTHER HANDWRITING OR FOR SPECIMEN PURPOSES.
REQUESTED STANDARD
STANDARD EXEMPLAR

SAMPLE
EXEMPLAR
SAMPLE

STANDARD

They are known writings which indicate how a


person writes.
A writer manifests fixed habits in his writings
that identify him.
This fact provides the basis for an opinion of
conclusion regarding any writing identification
problem.
EXEMPLAR
SAMPLE
A selected representative portion of the whole.
EXEMPLAR
Specimen of the writing of suspects.
Standards is a general term referring to all authenticated
writings of the suspects while exemplars refers more
especially to a specimens of standards writing offered in
evidence or obtained or request for comparison with the
questioned writing.
STANDARDS OF COMPARISON
Standards and exemplars are legally
admissible, authentic samples of handwriting
used for comparison with questioned writing to
determine the authenticity or spuriousness of
the questioned writing.
They are also called known samples. Their
genuineness must be clear and undisputed
(Koopenhaver, 2007).
Types of Handwriting
Exemplars and Their Uses

1 Requested Samples
Handwriting samples obtained
specifically for the case, often
guided by the examiner.
Are signature or other
handwritings written by an
individual upon request for the
purpose of comparison with other
handwriting or for specimen
purposes.
2 Known Samples
Documents with known
authorship, such as past
signatures or writings, used for
comparison.

3 Collected Samples

4 Post Litem Motam Exemplars


3 Collected Samples
Additional writings gathered from
the subject, providing a broader
range of exemplars.
Known as genuine handwriting of
an individual such as signature
and endorsements on canceled
checks, legal papers letters,
commercial, official etc. written in
the course of daily life, both
business and socials.
4 Post Litem Motam Exemplars
4 Post Litem Motam Exemplars

Writings produced by the subject


after evidence writings have come
into dispute and solely for the
purpose of establishing his
contentions.
"Post litem motam" is Latin for
"after a law suit is started." A
litigant or witness may not create
evidence to prove one's case or
testimony, as in voluntarily writing
an exemplar to prove one did not
write a disputed handwriting.
LEGAL ASPECTS OF
STANDARD WRITING
“IF THE STANDARD USED BY THE DOCUMENT EXAMINER IN AN
IDENTIFICATION OF WRITINGS ON WHICH THE DOCUMENT EXAMINER
BASES HIS CONCLUSION CANNOT BE INTRODUCED, THEN THE
DOCUMENT EXAMINER MAY NOT BE ABLE TO PROVIDE CONVINCING
DEMONSTRATION OR HIS TESTIMONY MAY BE WEAKENED.”
STANDARD WRITING WHICH IS ADMISSIBLE FOR COMPARISON
PURPOSES

1.STANDARD WRITING WITNESSED

A.The court accepts a sufficient proof that evidence in the form of


contradicted testimony of a competent eyewitness to the execution
of writing is sufficient to permit the use of such writings as standard
to test other writings.

B.It is not necessary for the witness to actually have watched the pen
of the writer as it passed over the paper where it appeared that there
was no other person present at the time but the writer and the
witnesses, that the writing was done in the witness's presence and
that the writer then gave them the pen.
C. Included in this class of admissible standards are writings
voluntary prepared by a party in the absence/presence of an
investigator.

2. STANDARDS WRITINGS ADMITTED


- If the party whom a handwriting standard is to be admitted, the
genuineness of the standards, the court could hold that further
proof of genuineness is necessary.

3. RECORD MAINTAINED IN REGULAR COURSE IF BUSINESS AS


STANDARD WRITINGS
- Generally, the context of records maintained in the regular course
of business are admissible as an exemption to the hearsay rule, as
proof of their content.

4. GOVERNMENT DOCUEMNTS AS STANDARD WRITING


4. GOVERNMENT DOCUMENTS AS STANDARD WRITING
- Signatures of government officials on document treated as
authentic and produced from official archives may be admitted as
evidence as standard of comparison.

5. ANCIENT WIRITINGS
- The courts have admitted writings on ancient as standards of
comparison.

6. FAMILIARITY SOMETIMES ESTABLISHES STANDARD


WRITINGS
- Testimony to the genuineness of a collection of standards of writings
by witnesses who are familiar with a person’s handwritings.
Advantages and Disadvantages of
Collected Standards
Advantages Disadvantages

• Provides a broader range of • May contain samples that are


handwriting variations. not representative of the
writer's usual style.
• Helps to establish the writer’s
natural writing habits. • Can be difficult to control the
conditions under which the
• Can reveal inconsistencies or samples were collected.
changes in writing style over
time. • May be contaminated by other
influences, such as stress or
• May uncover unique or fatigue.
distinctive features that can
aid in identification. • May not be readily available
or accessible.
Advantages and Disadvantages of
Requested Standards
Advantages Disadvantages
Requested standards offer several While requested standards have
advantages for document benefits, they also have limitations:
examiners:
• Controlled environment: • Potential for manipulation: The
Samples are collected under suspected writer might try to
controlled conditions, reducing alter their handwriting to avoid
the risk of inconsistencies or detection.
outside influences.
• Specific relevance: Requested • Limited scope: Requested
standards are tailored to the standards may not capture the
specific questioned document, full range of the writer's natural
ensuring they are directly variation.
comparable.
• Enhanced reliability: With • Cost and time: Obtaining
controlled collection, examiners requested standards can be
can be more confident in the costly and time-consuming.
authenticity and reliability of
the standards.
SUGGESTED PROCEDURE FOR TAKING REQUEST HANDWRITING
STANDARDS IN ALL TYPES OF QUESTIONED-DOCUMENT PROBLEMS

1. Have subject seated in a natural position at table or desk having smooth


writing surface.
2. Furnish subject with paper and writing instrument similar to those used in
questioned writings, like; paper should be same size, and ruled or unruled; as
questioned document: if questioned document is in written furnish subject with
pen and ink, etc.
3. Never permit the subject to see any writing on the questioned document.
4. Dictate material to be written (or printed, if questioned material is hand
printed): give no assistance in spelling or arrangement on page. Dictate at a rate
of speed, which will produce the subject natural writing habits.
5. Remove each specimen upon completion by subject number in consequence,
date, time and identify by initiating each, and request subjects to sign each
specimen.
6. Observe all writing done by subjects and indicate any attempt of disguise, and
whether subjects appears to be normally right or left handed, etc.
SPECIAL PROCEDURE FOR TAKING REQUEST HANDWRITING STANDARDS WHERE
CHECKS FORGERY IS CHANGED OR SUSPECTED

1. Furnish subjects with check blanks similar to the questioned check/s.


2. Dictate the entries to be made on specimen checks as follows:
a. Date - Same as shown on questioned check
b. Payee - - do -
c. Amount- - do -
d. Signature- - do -
e. Any other handwriting shown on questioned check
3. Give subjects to help or suggestions in completing specimen checks.

MISCELLANEOUS
1. The laboratory personnel should be informed of the age apparent health and physical
condition of the
time standards are written.
2. Do not fold, staple or pin document: handle questioned documents with care.
3. Indicate in the sample handwriting the time, place, date signature of writer as well as
witness of the handwriting.
SOME SOURCES OF SIGNATURES WRITTEN IN THE COURSE OF DAILY AFFAIRS

1. Canceled Checks
2. Signature cards for saving, checking and charge accounts and safe deposit boxes.
3. Credit applications and cards
4. Signature on sales slips, on job orders slips, requisition slips and purchase slips.
5. Court records and affidavits, such as naturalization papers, bankruptcy proceedings, divorce papers.
Probated wills and estate files, powers of attorney, etc.
6. Passports, marriage application, license and affidavits.
7. Driver automobile chauffeur, and other types of licensee applications
8. Application for gas, electricity, water and telephone services
9. Loan application and receipts
10. Records from currency exchanges, check-cashing agencies and pawnshop
11. Time sheets, payroll, pay receipts and personal forms
12. Barangay registration, petitions
13. Signature for certain drug purchases, hotel registrations
14. Church, club and professional society record
15. Veteran records
16. Fingerprint records
17. School or University class records and cards
18. Application for firearm and licenses
19. Application for export and import and dollar allocations
20. ID Cards
HOW TO PREPARE AND COLLECT HANDWRITING STANDARDS?
Factors to Consider in the Selection of standards
1. THE AMOUNT OF STANDARD WRITTEN
2. SIMILARLY OF SUBJECT MATTER
If the questioned writings are hand printed, then get hand printed standard or exemplar.
3. RELATIVE DATES
Dates of the questioned and the standards writing standard signatures or writing must be
those written five (5) years before or five (5) years after the date of the questioned signature
or writing.
The importance of contemporaneous standards are:
1. Helps to determine or trace gradual changes on one’s handwriting or signature.
2. Aids in tracing the development of any writing variation
4. CONDITION UNDER WHICH BOTH THE QUESTIONED AND THE STANDARD ARE
PREPARED
Look for standards prepared under comparable circumstances such as: paper rested on
the
knee; standing; sitting; lying down; and/or while on moving vehicle.
5. WRITING INSTRUMENT AND PAPER.
Same instrument used in the preparation of the questioned document must be obtained in
the standards.
Handwriting/Signatures that are difficult to solve – some problems are
complicated and harder to solve that includes:
TYPE OF SIGNATURE REMEDY (REQUIRED STANDARDS)

1. Signature of the careless or highly erratic Collected standards


writer
2. Receipt signature Other receipt signatures

3. Near – illiterate writer Requested standards if writer is still living

4. Signatures of physical impaired writer a. Collect standard written in the same


a. The intoxicated signature situation
b. Old age deterioration b. Collect 2 or 3 times more standards
c. The sick bed signature c. Similar to old age deterioration
5. Disguised signature of writing Specimen written in normal condition could
not be used therefore consider collected and
requested standards.
Effects of alcohol in handwriting

A.PHYSICAL AND MENTAL – intoxication affects the physiological being


of an individual hence, the manner of handwriting is also affected.
B.EVIDENCE OF ALCOHOLIC INTOXICATION IN HANDWIRITNG.
- bizarre letter forms
- greatly enlarged writings
- illegible forms and writing generally
- uneven baseline
- meaningless blobs or extraneous strokes in writings
- inconsistency in slant of writing
- inconsistency in the form of repeated letters
Opinion Evidence
• The court seem to be in general agreement that proof
of the genuineness of a standard cannot be established by
the opinion of experts testifying from a comparison of
the writing sought to be used as standard with another
writing.

Genuineness of standard decided by court


• The sufficiency of the proof of the genuineness
of a standard of writing is a matter to be decided by the
court.
.
Revised Rules on Evidence (Rule 128-134, RoC)
Section 48. General rule – the opinion of witness is not
admissible, except as indicated in the following sections.

Section 49. Opinion .


Obtaining Suitable Standards or
Exemplars
• Obtain exemplars from known sources. This includes handwriting samples from individuals
with a known history of writing, such as individuals who have previously been involved in legal
proceedings, or individuals who have provided samples for other purposes.
• Obtain exemplars from databases or other sources. This could include handwriting
samples from known criminals, individuals who have been identified as potential suspects, or individuals
who have been involved in disputes.

• Obtain exemplars from individuals directly. This could involve requesting a handwriting
sample from a suspect or witness in a case, or obtaining a sample from a person who is voluntarily
providing information.

• Obtain exemplars through the use of surveillance. This could involve obtaining a sample
from a person who is unknowingly being observed, or obtaining a sample through the use of a recording
device.
Guidelines for
Preserving and
Handling
Questioned
Documents and
Exemplars
Proper preservation and handling of questioned documents
and exemplars are crucial for maintaining their integrity
and admissibility in legal proceedings. Here are some
essential guidelines:
Don’ts
1. Staple, pins or clips
2. Perforations
3. New folds
4. Marks
5. Label
6. Pointed objects
7. Glue
8. Erasures
9. Tracings
10.Cut or tear
11.Carry around
12.Let people handle/touch
Standards for Collecting and Handling
Exemplars
Consistency Documentation
Exemplars should be collected in a standardized manner to ensure Detailed records of the collection process and chain of custody must
comparability. be maintained.

Preservation Security
Exemplars must be properly stored to prevent contamination or Access to exemplars should be restricted to authorized personnel
damage. only.
Proper Care and Storage of Exemplars

Temperature Humidity Packaging Labeling


Maintain exemplars in a Monitor and regulate humidity Use archival-quality materials Clearly identify and track
climate-controlled levels to ensure the to store and protect each exemplar to maintain
environment to prevent preservation of exemplars. exemplars from physical the chain of custody.
degradation. damage.
PNP FORENSIC UNIT
SERVICES
TYPE OF SERVICE FEE DURATION REQUIREMENTS
EXAMINATION
ALTERED/ERASED 2,000 4 DAYS 4 copies of letter request
DOCUMENT Original document
Questioned document
COUNTERFEIT 2,000 3 DAYS 4 copies of letter request
BILLS Original document
Questioned document
HANDWRITING 3,500 10 DAYS 4 copies of letter request
Original document at least 5
pages of extended writing.
Questioned document

SIGNATURE 2,000 10 DAYS 4 copies of letter request


Original document at least 8
pages of extended writing.
Questioned document

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