From 《
汉书·
路温舒传》:
路温舒 (Lu Wenshu, Western Han dynasty) submitted a memorial decrying judicial torture, arguing that confessions extracted under torture led to convictions where prosecutors made the crime so heavy that 'even if Gao Yao (
皋陶, the legendary judge) heard the case, he would still feel death was insufficient punishment' —
虽咎繇听之,
犹以为死有余辜. Today the phrase is reserved for the most heinous crimes.