The minimal concern is whether plea bargain is a type of confession or plea of guilty. Traditionally, the courts presented the guilty plea as a “confession” and as a gesture of remorse, in that, it was commonly relied upon as a mitigating factor in sentencing. Technically, an unambiguous plea of guilty to a criminal charge amounts to a judicial confession to have committed the offence. For the plea to amount to a confession and a demonstration of remorse or contrition, it must logically amount to an acceptance by the defendant of the truth of the allegations in the prosecution’s case. With this understanding of the guilty plea, the need for trial is obviated, relieving the prosecution of their statutory burden of proving the charge. Thus, it is ideal to analyze plea bargaining with confessions and plea of guilty as they all facilitate convictions without trial.
