Thursday, January 3, 2013

Character Witness

A sure-fire way to insult the profession of forensic handwriting examination is to refer to its practitioners as 'graphologists'.  Despite Freud's assertion that 'there is no doubt that men express their character through handwriting', science begs to differ.
 
Certainly, there is some confusion between the terms 'graphology' and 'forensic handwriting examination', particularly within the legal profession.  To make matters worse, a number of graphologists profess to practise forensic handwriting examination.
 
So, what is the difference between these two disciplines?  According to the British Institute of Graphologists, graphology is based on the principle that 'every individual's handwriting has a character of its own and this is entirely due to the uniqueness of the writer's personality'. 

By contrast, forensic handwriting examination is the application of scientific method and techniques to the comparison of handwriting and signatures for the purpose of assigning authorship.
 
A graphologist will analyse and interpret handwriting by means of in-depth psychological and personality investigation.  The services offered by graphologists include management selection, compatibility asessments, security checking and personality profiling.
 
Forensic handwriting experts are concerned with determining who has written or signed a document.  Disappointed relatives may allege that the testator's signature on a will is a forgery, when they did not receive an expected legacy from the deceased.  The police may discover a handwritten list of drug deals during a search of a suspect's house.  In the will example, the forensic handwriting expert will compare examples of the genuine signature of the testator with the disputed signature.  In the list of drug deals example, the suspect's handwriting will be compared with the handwriting of the list.  In both examples, the purpose of the examination is to determine authorship and not to establish the writer's state of mind or character.

Forensic handwriting experts are also forensic document examiners.  They will, therefore, possess expertise in other areas, such as the detection and interpretation of erasures, alterations and indented impressions, and the examination of printed and phocopied documents.  This work is outside the scope of graphology.

So, there is clear daylight between the two disciplines.  Now, I am prepared to be proved wrong here, but I do not know of any forensic document examiner who has a sideline in graphology or who has ever dipped a toe in the graphological water.  There are, however, a number of graphologists who do not recognise the distinction between the disciplines and have set themselves up as forensic handwriting experts, while still continuing to practise graphology.

Graphologists are, technically, handwriting experts, of course.  However, the term in its legal sense is a definition of those who give expert evidence in court.  As any lawyer will tell you, the purpose of expert evidence is to provide the court with information on scientific procedures or results that are outside the experience of judge and jury.  So the question here is whether graphologists can claim to have credible expertise in court, particularly as they may not be scientifically trained or possess any relevant qualifications.

The answer to that is a resounding 'No'.  There are many examples where graphologists who claim to be forensic handwriting experts have been discredited in the US Courts.  In one example, the testimony of a so-called expert witness was excluded on appeal because the individual practised graphotherapy in addition to forensic handwriting examination, was not a member of the American Board of Forensic Document Examiners and had obtained a Master's degree and Doctorate by correspondence.

Some graphologists try to side-step the expert testimony obstacle by offering a 'Signed Declaration' instead of appearing live in court.  In effect, they are refusing to attend court and put their 'expertise' on the line, something that no reputable forensic document examiner would ever do.

Forensic document examiners receive expert witness training during their probationary period and accept that attending court is part of their duties.  It will be obvious to the court that the forensic handwriting expert has the requisite scientific background and training to be called a 'handwriting expert' in the legal sense. Utimately, however, it is the Court's responsibility to establish competency.

The only way to become a bona-fide forensic handwriting expert is to undertake a professional apprenticeship.  This effectively bars the door to graphologists wishing to 'cross-train', but, undaunted, they are still out there.

As a crime writer, you could have a lot of fun setting up a courtroom battle between a forensic document examiner and a graphologist.  I'm still not sure what a 'limp 7' is, to quote from a graphologist's report of many years ago.

For now, I wish you a happy and prosperous 2013.  I hope your writing dreams will be fulfilled.






 
 





1 comment:

  1. Nice Information your write. Visit our website https://forensicdocexamschool.com/ to Know more about Forensics for Writers.

    ReplyDelete