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Personal Rights

Personal Rights. The courts consider handwriting to be a personal characteristic (like eye color) therefore: Examples may be obtained before counsel is assigned. Are not a violation of the 4 th Amendment (search and seizure) The 5 th Amendment does not apply . . Handwriting Comparisons.

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Personal Rights

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  1. Personal Rights • The courts consider handwriting to be a personal characteristic (like eye color) therefore: • Examples may be obtained before counsel is assigned. • Are not a violation of the 4th Amendment (search and seizure) • The 5th Amendment does not apply.

  2. Handwriting Comparisons Circumstances may prevent a positive conclusion: 1. Insufficient number of known handwriting samples are available 2. Questioned writing may contain only a few words, deliberately written in disguise 3. Drugs and alcohol can alter writing habits

  3. Collection of Handwriting Exemplars In gathering known writing samples for comparison, or exemplars: Known writing should resembled the questioned document Should contain some of the words and combinations of letters present Give the range of natural variations Should be fairly recent, usually within 2-3 years

  4. Collection of Handwriting Exemplars When handwriting exemplars can not be obtained for comparison, a voluntary submittal from the suspect is requested. To help minimize attempts at deception, investigators can: Require several pages of writing Writing of dictation Allow the writer to sit comfortably Furnished with pen and paper similar to the questioned document Give no instructions on grammar or punctuation

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