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accident accused act propensity admissible admitted Advisory Committee Note alleged victim answer arrested asked assertion called character evidence character for truthfulness charged civil claim cocaine common law concerning conduct Confrontation Clause conviction credibility crime criminal cross-examination Daubert defendant DEFENDANT'S ATTORNEY DEFENSE ATTORNEY DEFENSE COUNSEL direct examination Evidence Law evidence rules evidentiary example excluded expert testimony extrinsic evidence Federal Rules foundation Hale hearsay rule impeachment inadmissible inference involved issue judge rule jurors jury minor premises murder negotiations non-hearsay offense offer evidence offered to prove opinion out-of-court statement overruled party party admission permitted person plaintiff PLAINTIFF'S ATTORNEY plea discussions plea negotiations prior inconsistent statement probative value Problem proof propensity evidence prosecution prosecution's prosecutor purpose question rape reasonable relevant reliable reputation requirement robbery Rules of Evidence sexual assault specific acts subsequent remedial measures taggant testify tion trait trial court trial judge unfair prejudice waiver witness