Chapter 9 - Forensic Document Examination in the Courts

Abstract

Forensic document examination in the courts before 1900 is recalled along with testimony of forensic document examiners in the 20th century. The Frye and Federal Rules of Evidence were in place until 1993. The United States Supreme Court ruled in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) that additional factors may be considered for the admission of scientific evidence. The Frye standard of general acceptance was incorporated as one of the flexible Daubert factors. The Daubert factors set out to determine the reliability of scientific evidence. A description of how forensic document examiners meet the five Daubert factors is described. In the 21st-century courts forensic document examiners (FDEs) began to increase production of basic research in response to a few early Daubert exclusions. They also organized existing research in support of the basic theory of the identification of handwriting for attorneys so that they would be prepared to counter Daubert challenges.