Oh, it's better than that. You're swinging away at something that you'd only hit on a 20: If it hits, it crits. One of the options we'd discussed on another OGL-based game had come up with is that a 20 auto-hits. If you would have hit anyway (still beat the AC after bonuses/penalties), then you get a critical. In other words, the fact that your blow connected was your lucky strike.
Or y'know, roll to confirm. Personally, I'm happy without the confirmation process, if the result isn't too ridiculous.