<P> 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 . </P> <P> 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 . </P> <P> 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: </P> <Ol> <Li> when the offender has a specific intent to kill and is engaged in the perpetration of aggravated kidnapping, aggravated rape, or armed robbery; </Li> <Li> when the offender has a specific intent to kill a fireman or police officer engaged in the performance of his duties; </Li> <Li> when the offender has a specific intent to kill and has previously been convicted of an unrelated murder or is serving a life sentence; </Li> <Li> when the offender has a specific intent to kill or inflict great bodily harm on more than one person; and </Li> <Li> when the offender has a specific intent to kill and has been offered or has received anything of value for committing the murder </Li> </Ol>

According to gregg v. georgia what justifies the use of capital punishment