Some object based on the KJV rendering of 'thieves,' noting that thievery was not a capital offense in Rome. However, this applies modern categories to the Greek word used here, leistes, which refers to a much more serious and complex crime that includes brigandage—a recognized capital offense.

Matthew 27:38 in the KJV states that:

> "Two robbers were crucified with him."

Critics object that simple thievery was not a capital offense in Rome, nor was it punished by crucifixion. This objection confuses modern legal categories with ancient ones due to translation artifacts. The Greek word used here is leistes, which does not mean a common pickpocket or burglar. It refers to a much more serious and complex criminal, specifically a violent insurrectionist, brigand, or seditious bandit - which was indeed a high crime routinely punished by crucifixion under Roman law.