Questioned Documents and Forensics in the Courtroom Flashcards
(23 cards)
What is a document and a questioned document?
Document
* Any surface on which there are signs, markings, or symbols, which convey some type of message or meaning to someone
What makes a document “questioned”?
* Any document for which the authenticity or source is in question
What are the purposes of handwriting examination?
- To compare questioned documents to known writing to determine whether the person wrote both documents
- To comare questioned writing with other questioned writing to associate documents
What are the two principles of handwriting examination?
- No two writers share the same combination of handwriting characteristics
- No person can write the same twice
What are the stages of writing?
- Imitation (6-9 years)
- Adoption (9-12 years)
- Fixation (12-20 years)
- Graphic (20+ years)
- Maturity deterioration (old age)
What are class and individual characteristics of handwriting?
Class characteristics
* Writing system taught in school
* Occupational requirements
* Educational demands
* Cultural influences
Individual characteristics
* Size
* Slant
* Spacing
* Stroke direction
* Pen pressure
* Pen lifts
* Rhythm
What is forgery?
The act of falsely making/altering writing
What is typewriter examination?
- Style of type and model of typewriter classification of questioned document
- Compare questioned document to a known typewriter
- Determine if the questioned typewriting was prepared using a specific ribbon
What is the printing process?
- Prepress
- press
- postpress
What are the four major types of printing?
Planography
* Prints what is drawn on surface
* The surface is flat
* Ink is evenly distributed
Relief
* Prints what is left on the original surface
* Impressed into surface or substrate
* printing creates a divot in paper
* Heavier inking around the outsides
Intaglio
* Prints what is below the surface
* Raised off the surface of the substrate
* Fine line detail
* Used on documents with high value (passports, identity documents)
Stencil
* Raised above the surface of substrate
* Grid pattern
* Uneven, sawtooth edges
* Typically used on coated papers and clothing items
What are tape and paper examinations?
Used to determine if items originated from a common source
Fracture matching
* Where do the items connect together?
UV security features
* Using paper that looks different under UV
Indenting impressions
* Using side lighting to see indented writing that was on another paper
Shredded document reconstruction
Charred and water-soaked document
What are the steps of a criminal trial?
- Crime
- Report to law enforcement
- Arrest
- Presentation
- Arraignment
- Grand Jury
- Pre-trial
- Trial
- Pre-sentencing investigation
- Sentencing
What are warrants?
- An order, issued by a judge that authorizes a police officer to arrest a suspect or conduct a search
- Police officers can arrest without a warrant for serious offense or offenses that have been committed in their presence
Exceptions for search warrants
* Plain view doctrine
* Consent
* Exigent circumstances
* Abandoned property
What is probable cause?
The constitutional requirement that law enforcement officers have a reasonable belief that a person has committed a crime
What are miranda rights?
- The rights that must be read to a person who has been arrested and then is about to be questioned
- Protects the suspect’s rights under the 5th and 6th Amendments
- Right to remain silent
- Right to legal counsel and during questioning
- A lawyer will be appointmeed if you cannot afford to hire one
- These rights can be exercised at any time
When Miranda is Not Required
* Routine police questioning
* Exigent circumstances
* Voluntary statements not prompted by police
What is an intial appearance?
A hearing that takes place within days of the suspects arrest where the suspect is advised of his or her rights
What is a preliminary hearing?
A court hearing that the judge determines if there is probable cause to believe that the defendant has committed the crime with which they are charged
What is the role of forensics in legal proceedings?
Evidence identification and collection
Trial phases
* Presents complex technical findings in a way that is understandable to the judge, jury, and attorney
Post-trial
* Forensic reviews may impact appeals or post-conviction relief if new evidence emerges
What is the Frye Standard?
- Set guidelines for determining the admissibility of scientific evidence in the courtroom
- Established the standard that stated that scientific evidence must be “generally accepted” by an expert in the field to be accepted in court
What is the Daubert Ruling?
- Determined the reliability of evidence
- The Frye standard is not absolute
Criteria relted to the reliability of scientific evidence:
* Can be (and has been) tested
* Been subjected to peer review and publication
* The technique’s potential rate of error
* Existence and maintinence of standards controlling the technique’s operation
* Attracted widespread acceptance within a relevant scientific community
What is the Voir Dire process?
The Attorneys determine whether the forensic scientist qualifies as an expert witness under legal standards
What are the stages of courtroom testimony?
Direct examination
* Conducted by the attorney who called the forensic scientist to testify
* Introduction
* Explanation of work
* Use of demonstrative evidence
Cross-examination
* The opposing attorney questions the forensic scientist to challenge credibility or findings
Re-direct examination
* The calling attorney may clarify points raised during cross-examination
What are common topics addressed for forensic scientists in court?
- Chain of custody
- Scientific methodology
- Error margins and statistical relevance
- Limitations of findings
What are challenges and limitations for forensic scientists on the stand?
Junk science
* Opposing counse may claim the methodology lacks scientific validity
Misinterpretation by jury
* Complex evidence may be misunderstood or improperly weighted by non-experts
Bias allegations
* Defense attorneys may sugest forensic scientists are aligned with law enforcement
