229 In almost every year of the following decade, at least one of the discussion themes was related to the lawof proof.^"^ The law of proof was also treated in the articles published by the Journal. The limited size of the legal circle is revealed, however, by the fact that almost all of the articles were written by one person, K. G. Ehrström.-^ In his writings, Ehrström continued to advance the principles of modern criminal law. He spoke in favor of the accusatory principle and free evaluation of proof — now openly. For Ehrström, modern criminal procedure and the accusatory principle required that both parties be well equipped as far as legal education went. There was, thus, a demand for legally trained defense lawyers-*^’ and public prosecutors. The debates took place on the discussion themes. Dominated by Ehrström, who authored many of the division’s stands,-^ the opinions of the Central Division of Helsinki are the most liberal-minded. But an opposition, albeit a small one, is present in the discussions. If anywhere, it was in the local divisions of Turku, Vyborg, and Vaasa that old ideas of procedure were at times held on to. As for confessional imprisonment, a minority of the Vaasa division pronounced itself in favor of retaining the institution for reasons related to public security.29 When discussing whether the new “modern and scientific” conceptions of murder and manslaughter were to be preferred to the old ones, the other divisions answered affirmatively; the only exception was the Vyborg division.As for the admissibility of analogy in criminal law, only the Turku division was ready to continue accepting it.2' Turku and Vaasa were against abolishing the purgatory oath, while the Central Division at Helsinki recomIn 1863, the following procedural themes were discussed: the accused’s absence fromcourt, the acceptance of proof in slander cases, witnesses in cases of unlawful sale of alcohol, and purgatory oaths; in 1865: the purgatory oath and legal education of public prosecutors. In 1870, abolition of the purgatorv oath, conditional acquittal, and absolutio ah instantia were treated as well as the possible qualifications for jurors. In the sixth t'carbook the possibility of establishing justices of the peace for petty crimes was discussed, as well as a reformof the inquisitory position of the criminal judge. In 1872, the witness exceptions were treated. Among the many articles that Ehrströmpublished on various themes and branches of law, sec those on the necessity of established defense lawyers in lower courts and on the need of a total reform of the criminal procedure; Ehrström 1871 and 1863. Procedural themes were also treated by [Ferdinand] F[orsström] (on the need to strengthen the lower courts by an additional judge with legal education, 1870), R[obcrt] H[ermanson] (on the establishment of notaries public, 1872), and Robert Montgomery (on purgatory oaths, 1867). Ehrström 1871 p. 74. See Tidskrift 1870 pp. 280-21 1 (opinion of the Helsinki division of Legal Association, written by Ehrström). See, for instance, the division’s opinion criticizingconfessional imprisonment. Tidskrift 1862 pp. 113—116. One of the members of the Turku division thought likewise; Tidskrift 1865 p. 117. Ibid. pp. 121—123. 'I Tidskrift 1868 pp. 189-194. 27
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