Impinging on the Court’s authority

One of the strangest arguments I have heard raised in argument against the logical approach is that it means the expert will impinge upon the authority of the Court. I have heard this a few times recently. It is particularly troubling that this has come from lawyers. Unfortunately, this has always happened in a venue where I could not actually discuss the matter with them.

As an objection to the logical approach, this is the strangest argument I have ever heard, without a doubt. In fact, proper application of the logical approach is one of the few ways to ensure that this will not happen.

To clarify, it is important to first understand the concept of “usurping the role of the Court” which means, in essence, to improperly influence the court’s procedures and decision-making, often by speaking inappropriately to or about the ultimate issue. To be sure, there is a legitimate concern that this might happen, particularly with an expert. At the same time, it is certainly not a new idea and it has been written about literally for years.

It can be found in most codes and directives regarding expert evidence. Indeed, Justice Sopinka noted this issue in the 1994 R. v. Mohan ruling when he stated, in part, “There is also a concern inherent in the application of this criterion that experts not be permitted to usurp the functions of the trier of fact.” 

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Book announcement: Forensic Document Examination in the 21st Century

FDE in the 21st CenturyI am very pleased to have been contributor to a new textbook, Forensic Document Examination in the 21st Century.  The text was edited by Jan Seaman Kelly and Miriam Angel and will be published by CRC Press.

My personal contribution is chapter 3 entitled “The Logical Approach to Evidence Evaluation”.   The complete list of contributors is impressive and includes Jan Seaman Kelly, Miriam Angel, Brett M.D. Bishop, Rigo Vargas, Mara L. Merlino, Samiah Ibrahim, Lucinda Risi, Lisa M. Hanson, Carolyne Bird, Linda L. Mitchell, Elaine X. Wooton, Donna O. Eisenberg, Thomas W. Vastrick, Marie E. Durina, Kathleen Annunziata Nicolaides, Khody R. Detwiler, Tobin Tanaka, Larry A. Olson, Zain M. Bhaloo, Peter Tytell, Timothy A. Campbell, and Mark T. Goff.  
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Book announcement: Forensic Examination of Signatures

Forensic Examination of Signatures CoverI was pleased be a co-contributor for Dr. Linton A. Mohammed’s latest textbook, Forensic Examination of Signatures.  Other contributors, along with Dr. Mohammed, were Lloyd Cunningham, William Flynn, and Kathleen Nicolaides, with the Foreword by the esteemed Professor David Kaye.  The text was published June 6, 2019 by Elsevier’s Academic Press (ISBN:  978-0-12-813029-2, https://doi.org/10.1016/C2016-0-04445-5).

The book focuses on the forensic examination and evaluation of signatures which is one of the most difficult areas of Forensic Document Examination.  My contribution was Chapter 11 entitled “Conclusions, Reporting and Testimony”, co-written with Dr. Mohammed.
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Human Factors in Forensic Handwriting Examination

EWGHFHE coverOne of the projects I have had the pleasure to be involved in was the “Expert Working Group for Human Factors in Handwriting Examination”.  The WG was convened in 2015 to conduct a scientific assessment of the effects of Human Factors in Forensic Handwriting Examination, with the support of the National Institute of Justice (NIJ) Office of Investigative and Forensic Sciences (OIFS) and the National Institute of Standards and Technology (NIST) Special Programs Office.

It was a lengthy process involving a lot of people drawn from many different domains.  The authors of the report included Melissa K. Taylor, Carolyne Bird, Brett Bishop, Ted Burkes, Michael P. Caligiuri, Bryan Found, Wesley P. Grose, Lauren R. Logan, Kenneth E. Melson, Mara L. Merlino, Larry S. Miller, Linton Mohammed, Jonathan Morris, John Paul Osborn, Nikola Osborne, Brent Ostrum, Christopher P. Saunders, Scott A. Shappell, H. David Sheets, Sargur N. Srihari, Reinoud D. Stoel, Thomas W. Vastrick, Heather E. Waltke, and Emily J. Will. Read more

Questioned Document Training at Central Piedmont Comm College

For some time forensic document examiners have been fortunate that the RIT (Rochester Institute of Technology) offered a basic training course relating to our work through the Forensic Program at RIT.  Unfortunately, RIT recently decided to discontinue their popular Forensic Document Examiners Workshop.  

The good news is that Central Piedmont Community College (CPCC), located in Charlotte, NC, has decided to step in to host/organize similar training in the form of a four-day conference. This new workshop has the support and the same industry speakers as was the case for RIT.

Topics to be covered include: 

  • security inks, substrate, and materials
  • optical variable devices/holograms
  • forensic devices and imaging software
  • understanding color theory and reproduction
  • overt and covert security features
  • foundations of the most common print processes

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