Most Aggravated and Least Mitigated - Death Penalty
The Supreme Court of Florida has consistently held that because death is a unique and final punishment, the death penalty must be reserved only for those cases that are the most aggravated and least mitigated. Kramer v. State, 619 So. 2d 274, 278 (Fla. 1993).
In Almeida v. State, 748 So. 2d 922 (Fla. 1999), the court explained:
"Thus, our inquiry when conducting proportionality review is two-pronged:
We compare the case under review to others to determine if the crime falls within the category of both:
(1) the most aggravated;
(2) the least mitigated of murders." Id. at 933.