High court appears divided over execution of child rapists

WASHINGTON (CNN) - The Supreme Court offered no clear indication Wednesday of how it will rule in the case of a man on Louisiana's death row for raping a child. Oral arguments focused on whether "evolving standards of decency" in the United States forbid a resumption of capital punishment for any felony but murder.

"The trend since 1995 has been more and more states are passing statutes imposing the death penalty in situations that do not result in death (to the victims)," said Chief Justice John Roberts, who appeared to support the state's position.

Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer expressed concern about applying the death penalty fairly. "It gives tremendous discretion to the prosecutor to pick and choose who should be executed," Breyer said, summarizing the position of death penalty opponents.

Patrick Kennedy, 43, would be the first convicted rapist in 44 years to be executed in a case where the victim was not killed.

–From CNN Supreme Court Producer Bill Mears