Confession, in civil procedure by English law, is a formal admission or avowal of a fact, as when a defendant alleges a ground of defence which has arisen since the commencement of an action, and the plaintiff confesses the defence—i.e. admits the truth of the defendant's allegation. In Scotland, a party to an ordinary civil action may be called on to confess or deny any relevant matter of fact, and if he refuse, he will be held as confessed. Where a statement within the opposite party's knowledge is averred upon one side, it is held as confessed by the other unless specifically denied. In criminal law, a confession is an admission of guilt. In England, a confession by a criminal made in the course of a judicial proceeding is sufficient, if plenary, to found a conviction, as where a prisoner pleads guilty. An extra-judicial confession, if freely made, may be admitted as evidence. In Scotland, a confession made by a criminal in presence of a judge will be admitted as evidence; but is not held as equivalent to a confession by the panel in presence of a jury, which is conclusive evidence against him. In the United States also confession is evidence, if voluntary and made without promise of reward or threat of punishment, and that whether made before or after apprehension and commitment; generally confession without corroboration is insufficient, but in one or two states the jury may convict without corroboration. As to confession on trial, see CRIMINAL LAW; as to confession before the examining magistrate, see DECLARATION; and for Judgment by Confession, see COGNOVIT.
CONFESSION AND AVOIDANCE, in pleading at common law, in England, is the admission of the allegation of the opposite party, but with the addition of some circumstance which deprives it of legal effect, as, for instance, the admitting that an assault was committed in self-defence. Since the passing of the Judicature Acts of 1873 and 1875, pleas in confession and avoidance have technically fallen into desuetude.