QUESTIONED DOCUMENTS AND THE LAW - HANDWRITING EVIDENCE IN THE FEDERAL COURT SYSTEM

• NCJ Number: 57781
• Journal: Journal of Forensic Sciences Volume: 22 Issue: 4 Dated: (OCTOBER 1977) Pages: 799-806
• Author(s): J E COSTAIN
• Date Published: 1977
• Length: 8 pages
• Corporate Author: American Soc for Testing and Materials
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE 29TH ANNUAL MEETING OF THE AMERICAN ACADEMY OF FORENSIC SCIENCES, SAN DIEGO, CA, FEBRUARY 15-18, 1977

Annotation

A DISCUSSION OF THE ORIGINS, DEVELOPMENT, AND PRESENT STATE OF HANDWRITING EVIDENCE IN U.S. COURTS IS PROVIDED IN THIS RESEARCH PAPER.

Abstract

AS TO GUIDE TO FEDERAL LAW CONCERNING HANDWRITING EVIDENCE, THIS ARTICLE PRESENTS BOTH THE DEVELOPMENT OF THE LEGAL FOUNDATION FOR ADMISSION OF COMPARISON STANDARDS AND A DISCUSSION OF LANDMARK CASES. IN GILBERT V CALIFORNIA (1967), THE COURT HELD THAT HANDWRITING EXEMPLARS ARE NOT 'TESTIMONIAL' EVIDENCE UNDER THE PROTECTION OF THE FIFTH AMENDMENT AND REFUSED TO ACCEPT THE SIXTH AMENDMENT ARGUMENT STATING THAT THE TAKING OF EXEMPLARS WAS NOT 'TESTIMONIAL' EVIDENCE UNDER THE PROTECTION OF THAT AMENDMENT. AFTER THE GILBERT CASE, IT IS CLEAR THAT HANDWRITING EXEMPLARS MAY BE LEGALLY TAKEN AND COMPELLED WITHOUT PRESENCE OF COUNSEL. THE COURT ALSO REFUSED TO EXTEND FOURTH AMENDMENT PROTECTION TO HANDWRITING EXEMPLARS IN THE UNITED STATES V MARA (1972), WHICH MADE IT CLEAR THAT THERE IS NO REQUIREMENT FOR SHOWING A PROBABLE CAUSE PRIOR TO AN ORDER FOR HANDWRITING EXEMPLARS. IT IS, THEREFORE, WELL ESTABLISHED THAT COURTS AND GRAND JURIES HAVE THE POWER TO ORDER PRODUCTION OF HANDWRITING EXEMPLARS, AND THAT POWER CAN BE ENFORCED BY COURT PROCEEDINGS. THE COMPARISON STANDARDS PROCESS ITSELF AND, IN PARTICULAR, THE DEVELOPMENT OF THE LEGAL FOUNDATION FOR ADMISSION OF COMPARISON STANDARDS IS OUTLINED. REFERENCES ARE APPENDED. (MJW)