What is the test for fairness in criminal law?

These arguments are based on confusion of the concept of a fair trial with the concept of a fair fight. A criminal trial must always be fair. But it need not be fair in the sense of a fair fight: one in which each side has an equal chance to win. We do not handicap the parties to a criminal trial. If one side or the other has overwhelming evidence, they are allowed to use as much of it as they choose, subject only to exercise of the trial court's considerable discretion under Evidence Code section 352. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124 [exercise of discretion under Evid. Code, 352 will not be disturbed on appeal unless shown to be "arbitrary, capricious, or patently absurd" resulting in a "manifest miscarriage of justice"].)