FINAL COVERAGE

Chapter 8- Equipment Apparatus (12 hours)

INTENDED LEARNING
OUTCOMES

1. Illustrate and discuss equipment and apparatus used in questions document

examination.
2. Enumerate the procedures in the utilization of the equipment and apparatus.
3. Demonstrate how to properly care and preserve documents.

INSTRUMENTS AND APPARATUS USED IN QUESTIONED

DOCUMENT EXAMINATIONS

A. MAGNIFYING LENS
- Bank personnel and other people involved in currency examinations usually use and
ordinary hand-lens; the maximum diameter of which is four inches, and this appears big
with its wide frame it has a nagnifying power of two times the original only Magnifying
lenses of five times or more magnifying power, with built-in-lighting are more useful.

B. SHADOWGRAPH
- a pictorial image formed by casting a shadow, usually of the hands, upon a rightful
surface or screen.

C. STEREOSCOPIC BINOCULAR MICROSCOPE

- a tri-dimensional (3D) enlargement is possible.

D. MEASURES AND TEST PLATES (TRANSPARENT GLASS)

- those used for signatures and typewritings.

E. TABLE LAMPS WITH ADJUSTABLE SHADES (Goose Neck Lamps)

- used for controlled illumination; needed in sidelight examination wherein light is placed
at a low-angle in a position oblique to plane or document.

F. TRANSMITTED LIGHT GADGET

- a device where light comes from beneath or behind glass on document is placed.

G. ULTRA VIOLET LAMP

- this is usually used in the detection of counterfeited bills but can actually be used to
detect security features of qualified documents.

H. INFRARED VIEWER
- primarily used to decipher writings in a charred document.
I. COMPARISON MICROSCOPE
- similar to that of the bullet comparison microscope

J. VIDEO SPECTRAL COMPARATOR (VSC)

- It is used in the examination of masked or obliterated text, watermarks, visible
fluorescence, paper fluorescence and oblique illumination of indented writing and
embossing. It is a comprehensive imaging device. It enables forensic document
examiners to analyze, compare and distinguish between different inks and papers, reveal
alterations on a document, identify obliterated entries, identify instances of page
substitution, and visualize hidden security printing features.

K. ELECTROSTATIC DETECTION APPARATUS (ESDA)

- The device that can detect indention/ indented writings that can records transparencies
of any indentations. It is a piece of equipment commonly used in questioned document
examination, to reveal indented impressions on paper which may otherwise go unnoticed.
It is a non-destructive technique (will not damage the evidence in question) thus allowing
further test to be carried out. It is a sensitive technique, and has been known to detect
the presence of fresh fingerprints. It is used to detect and to assist in the decipherment
of indented impressions of handwriting on paper.

TECHNIQUES IN THE EXAMINATION OF

QUESTIONED DOCUMENTS

A. MICROSCOPIC EXAMINATION
- Any examination or study which is made with the microscope in order to discover minute physical
details. Stereoscopic examination with low and high-power objectives is used to detect
retouching, patching and unnatural pen-lift in signature analysis. With proper angle and intensity
or illumination, it aids in the decipherment of erasures, some minute manipulations not perfectly
pictured to the unaided eye and the sequence of entries done by different writing instruments.

B. TRANSMITTED LIGHT EXAMINATION

- In this examination, the document is viewed with the source of illumination behind it and the
light passing through the paper. Documents are subjected to this type of examination to
determine the presence of erasures, matching of serrations and some other types of alterations.
C. OBLIQUE LIGHT EXAMINATION
- An examination with the illumination so controlled that it grazes or strikes the surface
of the document from one side at a very low angle. Decipherment of faded handwriting,
determination of outlines in traced forgery, embossed impressions, etc. are subjected to
this type of examination.

D. PHOTOGRAPHIC EXAMINATION
- This type of examination is very essential in every document examination. Actual
observations are recorded in the photographs.
E. ULTRA-VIOLET EXAMINATION
- Ultraviolet radiation is invisible and occurs in the wave lengths just below the visible
blue-violet end of the spectrum (rainbow). These visible rays react on some substances
so that visible light is reflected, a phenomenon known as FLOURESCENCE. This type of
examination is done in a darkroom after the lamp has been warmed up in order to give
a maximum output of the ultra-violet light. Exposure to the ultra violet light should be to
the minimum duration in order to avoid fading of some writing ink and typewriter ribbon.

F. INFRARED EXAMINATION
- This examination of documents employs invisible radiation beyond the red portion of
the visible spectrum (rainbow) which is usually recorded on a specially sensitized
photographic emulsion.

PHOTOGRAPHY AND QUESTIONED DOCUMENT EXAMINATION

A. PURPOSES OF PHOTOGRAPHS IN QDE:

1 serve as record of the initial condition of a disputed document;
2. make clear what otherwise may be hidden or indistinct;
3. enlarge a writing in question so that every quality and characteristics of it can be clearly
and properly interpreted whether the facts so shown point to genuineness or forgery;
4. enable any number of accurate reproductions of document, thus affording unlimited
opportunity for study, comparison and evaluation by any number of examiners, which
would not be possible by using the document alone;
5. allow cutting apart as may be desired and the various parts classified for comparisons;
6. can show delicate discolorations due to chemical erasures or other fraudulent changes,
which may otherwise be overlooked, or misinterpreted;
7. can show very clearly any erasures by abrasions made by ordinary rubber eraser and
it can record in permanent form with the paper placed obliquely to the plane of the lens
and plate and inclined at just right angle of reflection so as to show differences in the
reflected light from different portions of the paper surface; and
8. with transmitted light, photographs is useful in:
a. examination of watermarks;
b. determining the identity, or the differences in paper by showing arrangement
of the fibers and the markings of the wire gauze and dandy roll ;
c. showing the continuity of strokes; and
d. determining retouching or patching of a writing by showing clearly the presence
of added ink film and the uneven distribution of ink in interrupted strokes.
Miscellaneous examinations

A. ERASURES
One of the common inquiries in questioned document is whether or not an erasure
was actually made on a document. In cases like this, the following examinations are
made:
1. Physical inspection: using ultraviolet light, observation with light striking the surface at
a sharp angle, and observation under the microscope maybe considered.
2. Fuming with iodine may cause an almost negligible stain, but in most instances not the
slightest semblance of a stain remains.

B. INDENTED WRITING
Indented writing is a term usually applied to the partially visible depressions
appearing on a sheet of paper underneath the one on which the visible writing appears.
These depressions or indentation are due to the application of pressure on the writing
instrument and would appear as a carbon copy if a sheet of carbon paper had been
properly inserted. Indentation may also appear on a blank sheet of paper if such is used
as a backing sheet while typing out a message on a typewriter.

Methods of examination are:

1. Physical methods maybe used by passing a strong beam of nearly parallel light almost
horizontally over the surface of the paper.
2. Fuming the document maybe of values in some cases.
3. Powders of various kinds maybe used without changing the document.

C. BURNED OR CHARRED PAPER

A piece of paper maybe subjected to the action of a limited amount of heat,
causing it to become scorched and retaining a certain amount of its identity or it maybe
subjected to intense heat, reducing it to ashes and losing its identity. However, if the
combustion is incomplete, a certain amount of success maybe realized provided the
pieces are large enough to form a coherent message.
The following methods maybe applied to decipher the original message contained
thereon:
1. Photographic methods, using various types of filters and different angles of illumination
may determine the writing contained thereon without changing the appearance of the
charred fragments.
2. Chemical methods, such as spraying, painting, or bathing charred pieces with solutions
of different chemical reagents.
3. Photographic plates maybe utilized by allowing the charred paper to remain in contact
with the emulsion sides in total darkness from one to two weeks.

D. ADDING MACHINES
The construction of an adding machine differs greatly from the typewriter but the
methods and principles of identification are related.
Manufacturers use different types of numerals and from time to time change their
design. The spacing between columns is also not standardized for all machines. Those
factors form the basis of determining the make of the machine and for estimating the
period in which it was built. Another kind of approach is the ribbon impression, for the
ribbon is made and operates very similarly to the typewriter.

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 evidences.

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. DO's and DON'T's in the CARE, HANDLING AND PRESERVATION OF
DOCUMENTS

1. "DO'S"
a. Take disputed papers to Document Examiner's Laboratory at the First Opportunity.
b. If storage is necessary, keep in dry place away from excessive heat and strong light
c. Maintain in consequential document, unfolded and in transparent plastic envelope or
evidence preserver.

2. "DONT'S"
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 fingerprints 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 laboratory 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.
Chapter 9- Procedures in the Preparation and Presentation of Disputed Document in
Court(12 hours)
INTENDED LEARNING
OUTCOMES

1. Perform how Photographs of Documents as Evidence where presented.

2. Identify the Requirements in the preparation of Photographic illustration.
3. Enumerate the Qualifications of Document Expert.
4. Explain and perform the Trial Preparation and Testimony.

PHOTOGRAPHS OF DOCUMENTS AS EVIDENCE

Generally, photographing of document is the vital importance the establishment of

proofs in questioned document cases. A permanent record of it can be considered
indispensable to a successful examination and presentation of the case in court. To meet
this requirement the document photographer should have a wide photographic
knowledge, training and experience. He should be aware of the fundamental operational
capabilities and limitation in the areas of:
1. Films
2. Lighting
3. Lighting Equipment
4. Type of Cameras available for the specific purpose
5. Types of Lenses suited for the given cases
6. Supplemental equipments which will increase efficiency such as tripod, camera stand,
T filters, extension tubes, cable release, lens hood, flood light, level, etc.

GENERAL GUIDE IN THE CORRECT LIGHTING FOR ERASURES

The correct lighting for deciphering erasures is determined experiment. As a general

guide these steps should be tried:
1. Ordinary Lighting. Obviously, the first step is to look at the document by ordinary
reflected light.

2. Side Lighting. Try lighting from various angles. An extremely oblique angle will often
be found useful. If some particular light and viewing angle make the erasure visible,
duplicate setup for the camera.
3. Transmitted Light Look at the document with the light coming through it. Turn the
document over and repeat.

4. Magnification Examine the paper with a magnifier, such as a hand glass or a low-power
binocular microscope. Magnifications up to about 10x are most useful.
5. Polarized Light- light the document with polarized light, using a Kodak Pola-Light, for
example, Examine it through a Kodak Pola-Screen.

6. Filters. Look at the document through various filters-either separate filters or the
viewing filters in the Kodak Master Photoguide.

CHEMICAL METHODS
An erasure can be brought up with iodine fuming. Iodine fuming is a general procedure
which includes:
1. Reveals the presence and extent of an erasure.
2. Restores some of the writing, and
3. Delineates any area that had previously been wet.

DIFFERENT METHODS IN DOCUMENT PHOTOGRAPHY

1.Transmitted Light Photography

- used in the examination of watermarks and furnishes a method of determining
the identity or the difference in paper by showing arrangement of the fibers and the
markings of the wire gauze and dandy-roll. Photograph by transmitted light will also
clearly the uneven distribution of ink in interrupted strokes and the presence of the added
ink in retouched strokes.

2. Photomicrography
- the process of obtaining photographs of magnified images of small subject is
known as photomicrography. It has a wide application in many fields where the minutes
scrutiny of an object is necessary and a court exhibit of a magnified image is needed.

a. Low-Power Photomicrography - also called macrophotography or

photomicrography, normally carried on by simply using a short focal length lens on a
camera with a long extension tube or below.

b. High-Power Photomicrography - ordinary requires the use of a lensless

camera attached to a compound microscope. The image produced by the lens system of
the microscope simply is projected upon the film in the camera.

3. Ultra-Violet Photography
- in the radiant energy spectrum between the x-ray band and the visible light
band and adjoining the latter at its violet end is a band of rays known as ultraviolet.
Photographs made by using ultraviolet rays as the light source sometimes reveal physical
or chemical differences in subjects that are undetectable by any type of photography.
a. Straight Ultraviolet Photography - is a method of taking a picture in which
a camera is used to record the difference in a subject reflection, transmission or
absorption of ultraviolet rays in much the same manner as in light photography.

b. Ultraviolet Luminescence Photography - is the process of taking a picture

of a subject that is emitting or giving out invisible radiations in the long wave ultraviolet
region (3500A to 4000) while it is being irradiated by external short wave ultraviolet rays
(2500 to 3500A).

c. Ultraviolet Fluorescence Photography - basically, fluorescence

photography is almost as simply as many other kinds of visible light photography. All
black and white films and all color films can be used, and generally speaking color is
better than black and white for fluorescence photography. High speed Ektachrome is
good Panchromatic film in black and white. The filter most often used is the Wratten 2B
in color and K2 (yellow) OR g (orange) filters in black and white works.

4. Infra-Red Photography
- define as taking a picture with infrared rays by means of a camera loaded with
film sensitive to infrared radiations. However, infrared pictures often, are produced
without a camera and they are also taken sometimes with films that are not sensitive to
infrared radiations.

a. Straight Infra-red Photography "straight" to mean exhibiting no deviation

from what is accepted as usual or normal photograph undertaken using infrared film in
an ordinary camera with an infrared filter over the camera lens or any light source.
(Wratten 87 or A & F Filters).

b. Indirect Infrared Photography - it is possible to take infrared pictures

indirectly that are very similar to those obtained by the straight techniques using infrared
film. One method uses a device called an image converter. The image is transformed into
a visible light image on the fluorescent screen of the converter can be observed visually
and photographed with any camera loaded with fast Panchromatic film; it is not necessary
to use infrared film.

5. Infrared Luminescence Photography

- luminescence is the process of taking picture of a subject that is emitting or
giving out invisible radiations in the long wavelength extending into infrared region.

6. Digital Photography- digital photography is defined by storing images on computer

memory or floppy disc instead of film, digital cameras bypass film processing by displaying
images immediately when connected to computer. As digital photography phenomenon
gains momentum, the number of digital camera manufactures has increased. This
category of digital camera would include the Apple, Quicktake, Casio, Chinon and Kodak.
Difference between conventional and digital photography
EXPOSURE------------- CAPTURE
PROCESS--------------- MANAGE
PRINT------------------- OUTPUT

Advantage of digital computer photography

1. Immediately Available Images
2. No Darkroom and Chemical Needed
3. Quality, Good Enough to Very Good
4. Images Can Be Transmitted
5. Option Depend On Your Camera
6. Color Balances, Saturation, Contrast can be Easily Changed
7. Limited Options
8. Costly, Needs Computer and Printer
9. Requires Computer Expertise

REQUIREMENTS IN THE PREPARATION OF PHOTOGRAPHIC

ILLUSTRATION
1. The number and dates of standards signatures to be photographed in connection with
disputed document or the disputed signature.

2. The degree of greatest enlargement of the disputed document or of the disputed

signature, and of the accompanying standard writings that are to be enlarged.

3. The classification, or group comparison, of words, or parts of extended writing or

portions of signatures or other writing.

4. The disability of transmitted light photograph of disputed documents or writing with

similar photograph of a standard writing similar in kind.

5. In traced forgery cases the photographing of disputed signature with the model from
which it was traced if model is found, and the printing of photograph of forged signature
and model signature or separate transparent films, or oiled, paper and also photographing
those signatures under ruled squares slightly enlarged to show suspicious identity by this
method as well as by the use of the transparent films or print.

6. Possible use of stereoscopic illustrations showing retouching, overwriting mark of nib

points, line crossing, erasures, overwriting, over folds in paper, or any third-dimension
characteristic.

7. The size of photographs to be used, whether 8x12, or 11 x 14 and also whether they
are to be arranged in loose-leaf album form or separately in fortfolio.
8. The use of large bromide enlargements.

IMPORTANCE OF PHOTOGRAPHY FOR COURT

PRESENTATION

1. The writing in questioned can be accurately enlarged so that every quality and
characteristics of it can be clearly and properly interpreted whether the facts so shown
point to genuineness or to forgery.

2. To provide any number of accurate reproductions of writing in questioned, thus

affording unlimited opportunity for study, comparison and investigation by any number
of examiners, which would not be possible by using the original document in questioned.

3. Photographic duplicate, and especially enlargements, also enable court and jury to
understand and weight the technical testimony given by an expert regarding their finding.

4. Photographs can be cut apart as may be desirable and the various parts classified for
comparison.

5. Photographs are also useful in showing delicate discolorations due to chemical erasures
or other fraudulent changes otherwise might be overlook, denied or misinterpreted.

STEPS IN THE PREPARATION FOR TRIAL

1. Original notes obtained from client interviews.

2. Investigation reports.
3. Written discovery
4. Depositions.
5. Medical records.
6. Information from experts

QUALIFICATIONS OF DOCUMENT
EXPERT
During initial discussions with a prospective client, it may be discovered that FDES has
been retained by another party involved in the dispute. Due to this conflict-of-interest situation,
the prospective client will have to locate another qualified expert to assist him/her. While the
statement, "all men are created equal" is widely accepted, no two forensic document examiners
possess identical professional qualifications. Every document examiner draws on a body of
knowledge he or she has acquired through formal education, specialized training, scientific
research and collaborating with other experts. The number of years’ experience, the types of
cases examined and testimony given as an expert witness also contribute to a person's
credentials. Those seeking assistance from a forensic document examiner should closely examine
the expert's training, qualifications and experience...especially as they apply to the specific
problem or matter at hand.
There are probably more unqualified people who claim to be "experts" in the Document
Examination profession than in any other forensic specialty. Far too often, these untrained or self-
taught individuals claim to have received their training by attending a few lectures or by reading
one or two books that may or may not be written by recognized authorities in the field. How then,
can the truly qualified expert be distinguished from the charlatan? The answer is by thoroughly
investigating the training, background and experience of everyone purported to be an expert.

TESTIMONY OF NON-EXPERT WITNESS

Non-expert witnesses are permitted to express opinions on a variety of topics

including the value of real property, the appearance of persons or things, the identity of
individuals, the competency of individuals, feelings, degrees of light or darkness, sound,
size, weight, distance, and an endless number of other matters, including intoxication.

Whenever you use non-expert opinion testimony, you must take care to
demonstrate that the lay witness has a sufficient basis to express the opinion. Moreover,
even if the opinion is rationally based, it will not usually be admitted if it is superfluous
or otherwise inappropriate. For example, a witness' opinion about the veracity of another
witness' testimony is not admissible.

Establishing sufficient basis is quite easy when it comes to the situation illustrated
above. As a general rule, the court will allow the owner of real property to express an
opinion as to the property's value because she has a vital relationship to it. She stands to
gain or lose the most from the court's valuation. Another way of putting it is that the
owner has quasi-expert status. The court presumes she is qualified to give a valuation
opinion based on the special knowledge arising out of ownership.

Beware, though, that when a lack of such knowledge can be demonstrated, and if
the opinion is hypothesized, the lay opinion will be rejected. Indeed, if you want to resist
a non-expert opinion, pursue any weak point in the opinion's basis.

THE EXPERT TESTIMONY IN COURT LITIGATION

The duty of the Forensic Questioned Document Examiner does not end after
establishing the identity of the questioned documents as to whether it is written or not
by one person. The final judgment is by the court which decides on the issue. The
document examiner presents his/her testimony to the court or any investigative body in
order for him to convince them regarding the result of his examination. In this situation,
the examiner will undergo a process of qualifying as an expert. The examiner will be put
in the hot seat answering questions during the cross examination. It is a difficulty stage
in a court litigation for an examiner. The examiner on the other hand should be prepared
and be ready to answer questions asked by the adverse party.

In this situation, the following must be considered;

1.Your expertise
2. Knowledge on Rules on Evidence.
3. Trial proceedings.

An expert witness is a person skilled in some art, science, profession, or business

or who has experience or knowledge in relation to matters that are not commonly known
to the ordinary person. The ordinary witness testifies to facts, that is, what one has seen,
heard, or otherwise observed. The expert witness expresses an opinion or answers
hypothetical questions based on facts presumably on the record. It should be kept in
mind that the expert witness testimony is entirely within the province of the judge to
determine the weight to be given to such opinions. The judge is not bound by the opinion
of experts.

The forensic questioned document examiner will testify before a judge. He may
be presented by the prosecution lawyer or by a private prosecuting lawyer the court may
allow.
His purpose is to be a assistance to the legal luminaries may they be for the
defense or for the prosecution in the administration of justice. He will also testify before
the court. This may be presented by the defense lawyer (Gonzales, 2008).

TRIAL PREPARATION AND TESTIMONY

As soon as you find out that you will be testifying, you should begin preparing for the
witness chair. Regardless of your role, you should take the following steps.

1. First, discuss with the lawyer/attorney who will present you as a witness what is
expected, how your testimony is to be used and when you will be expected to testify.

2. Review all available documents pertaining to the issues being litigated.

3. Discuss your testimony with the lawyer and what line of questioning will be used to
develop the case, and have a general idea of how you will respond to the questions.

4. Consider what the defense counsel's approach will be and the area he will most likely
probe during cross-examination.

DUTIES AND RESPONSIBILITIES

The forensic examiner has various responsibilities and duties during judicial proceedings.
1. In criminal cases, review the prosecution memorandum.
2. In criminal cases, review the charge filed which sets forth the specific allegations of the
criminal act.

3. Review the anticipated evidence available to prove and disprove the charge or
information in criminal cases, or support or deny the plaintiffs or respondents' position in
a civil case.

4. Check the evidence to be presented in court, whether criminal or civil.

5. Advice the lawyer of a potential technical problem.

6. Determine the clearest manner to present the testimony in terms that the judge will
understand.

7. Prepared tentative summary, based on the evidence that is expected to be admitted.

8. Supply the lawyer you are assisting a written statement of your qualifications as a
forensic examiner or a current resume.

9. Testify only on those matters that are presented by the lawyers to the court.

10. Take notes regarding the evidence that is presented and marked as exhibits and
prepare a list of documentary exhibits of both sides, whether in a criminal or a civil case.

11. Alert the lawyer regarding any evidence that has been overlooked. It is important that
all evidence necessary to support your testimony has been admitted.

The basic rule for the forensic examiner and investigator is to truthfully testify in
court. His or her demeanor should reflect professionalism Fostering cooperation with the
lawyers can be greatly beneficial Communication between your lawyers can enlighten you,
as well as those around you, on the case.

The forensic examiner should expect to work long hours during the trial. Most of
the job is done outside the courtroom, not in it. The forensic examiner should be very
familiar with the case. If not, he or she should study the case a week or so before the
trial begins.
THE ELEMENTS OF EFFECTIVE EXPERT TESTIMONY AND
PROPER COURTROOM BEHAVIOR

1. The expert witness before testifying in court must have his evidence and
testimony adequately prepared and should have at least one pre-trial conference with
the trial attorney.

2. The expert witness must have confidence in his opinion, which is based upon
his knowledge, experience and proper preparation Confidence is an intelligent faith based
on fact.
3. The expert witness must create a good impression of himself to the court. He
should come to court dressed simply in clean conservative street clothes in keeping with
the prevailing style.

4. Enter the courtroom with an aggressive and positive walk, giving the assurance
that you are prepared to beat whatever may confront you. It is the walk and posture of
most men that indicate their character.

5. Upon reaching the witness stand, turning to the court to be sworn in, he should
raise his hand without hesitation and let his voice ring out in a clear and forceful "I do."
Without hesitation, he takes the stand and sits down with ease in comfortable but erect
position.

6. The expert must have the ability to explain his technical subject in simple and
clear language, understandable by the trial judge. Make it easy for the judge to
understand what you are talking about. Use distinct and expressive sentence with a
simple, clear and logical presentation.

7. Present your opinion in a friendly spirit. Be natural and speak in a normal, down-
to-earth, and congenial manner. Be human. Sincerity is displayed by the expert in the
manner of his speech. It will be conveyed in the ring of his voice, his facial expressions,
and his bodily movements. The slightest indication by his tone of voice or by any gesture
that he is doubtful will destroy the confidence of the judge. You cannot hide in sincerity.
If the expert does not believe in his ideas or opinion whole-heartedly, he cannot make
others believe in him. A timid voice never carries conviction.

QUALIFYING IN COURT AS AN EXPERT

WITNESS

A witness who gives testimony concerning questioned documents in court must

not only understand how it is analyzed, compared, and interpreted, how it was
photographed, developed and charted, but he must also be familiar with the history,
literature, and legal precedence of his profession. He should be able to state truthfully
the length of time he has been engaged as questioned document examiner. He must
have enough knowledge of some theories, studies, and research involving questioned
document examination. The questioned document examiner must have learned the
principle of identification and must have shown the evidence of training and expertise to
the court in order not to find difficulties in obtaining the court's recognition as an expert
witness.
Ordinarily, the opinion of a witness is not admissible in court. But opinion evidence is
admitted on questions which the court is not competent to decide without assistance. This is the
field of the skilled witness and expert testimony. Obviously, the qualifications demanded of an
expert witness are higher than those of a lay witness. The expert witness must show training and
practical experience in the field in which he sets himself up an authority. It is true that there is
always a first appearance in court as an expert for each forensic questioned document specialist.
It is said that only those who have testified before in courts should be considered as experts. If
that is the case, we would exhaust the supply of experts when the present experts all die. Even
though each must have an initial appearance, we should not go into court as an expert witness
unless we have enough years of experience in the handling of thousands of prints (beefed up by
thorough theoretical knowledge of the field) to obtain the confidence of the court. There is no
certain number of years of experience or no definite number of handwriting specimen that we
have examined which can be given as minimum or maximum experience. Some men may be
excellent as experts in forensic questioned document identification but fails in court because of
their nervousness, poor personality, or other human weaknesses.