Karmelo Anthony and the Infancy Doctrine

The Karmelo Anthony case may ultimately tell us less about race than it does about age. Anthony was caught in a Texas legal doctrine that automatically treats 17-year-olds as adults in criminal court. To understand the problem, consider a basic principle of Texas law known as the infancy doctrine. Under this doctrine, a contract signed by a minor is often voidable because the law recognizes that youth can impair long-term decision-making. Put simply, if Karmelo Anthony had walked into a Lifetime Fitness and signed a membership agreement, Texas law would not hold that contract against Anthony in the same way it would for an adult. Yet Texas law expected Anthony to make decisions far more consequential than a gym membership. Anthony was expected to select and trust legal counsel. Anthony was expected to understand complex criminal charges, evaluate the strength of the evidence, assess the risks of going to trial, consider plea negotiations, decide whether to testify, choose a defense…