other felony. North Carolina had also enacted a mandatory death penalty for first-degree rape, but the Court later ruled in Coker v. Georgia that rape is not a capital crime, at least where the victim is not killed; the statutes mandating death penalty for first-degree arson and first-degree burglary were abrogated by the General Assembly. The North Carolina Supreme Court had ruled that its capital sentencing scheme could survive Furman analysis if the legislature removed the discretionary sentencing provision. However, it was the lack of discretion in sentencing that the Court used to rule the scheme unconstitutional. Louisiana In 1973, the Louisiana Legislature adopted the approach taken by North Carolina, by redefining first-degree murder as the killing of a human being in one of five circumstances: when the offender has a specific intent to kill and is engaged in the perpetration of aggravated kidnapping, aggravated rape, or armed robbery; when the offender has a specific intent to kill a fireman or police officer engaged in the performance of his duties; when the offender has a specific intent to kill and has previously been convicted of an unrelated murder or is serving a life sentence; when the offender has a specific intent to kill or inflict great bodily harm on more than one person; and when the offender has a specific intent to kill and has been offered or has received anything of value for committing the murder Also, unlike North Carolina, Louisiana law required the jury in all first-degree murder cases to be instructed on second-degree murder and manslaughter, crimes ineligible for the death penalty. Although Louisiana had created a class of death-eligible crimes somewhat narrower than North Carolina had, it still had a mandatory death penalty for a significant range of crimes, which were aggravated rape, aggravated kidnapping and treason; the lack of discretion in sentencing caused the Louisiana scheme to suffer the same unconstitutional infirmities as North Carolina's. Other views expressed in these cases Justices William J. Brennan and Thurgood Marshall expressed their views, which they also articulated in Furman, that the death penalty does not deter crime and that American society has evolved to the point that it is no longer an appropriate vehicle for expressing retribution. In every subsequent capital case that would come before the Court during their tenures, they would refer to their opinions in Gregg in support of their vote against the death