OPINION
By the Court,
Leavitt, L:
Appellant was charged with first degree murder with the use of a deadly weapon. She asserted self-defense and claimed that she suffered from battered woman syndrome. An expert testified concerning the effects of the syndrome on a battered woman’s beliefs, behavior, and perceptions. The jury returned a guilty verdict of involuntary manslaughter with the use of a deadly weapon. Appellant was sentenced to the Nevada Department of Prisons for a minimum term of nineteen (19) months and a maximum term of forty-eight (48) months.
FACTS
Appellant Patricia Yvonne Boykins and the victim, Calvin Rochester Swazya were involved in a non-marital relationship for seven years and cohabited for six years. The couple constantly argued with resulting instances of verbal and physical abuse. Boykins testified that Swazya would beat her and “there were times when they [sic] were beatings ... he always hit me, but there were times that were worse than others.” She also testified that she knew, by Swazya’s expressions, when the argument would become violent. Boykins’ testimony was corroborated by other witnesses who testified regarding the violent nature of Boykins’ relationship with Swazya.
Boykins was a general manager of the Sagebrush Ranch, a licensed brothel, where Swazya was a custodian. The relationship between the parties deteriorated, Swazya requested an early paycheck and was preparing to leave. The couple argued about financial issues for several hours. One witness testified that he observed Boykins in a corner of her office with her hands raised to protect her face while Swazya was standing over her with his hand raised as if to slap her. Swazya appeared to be in a rage.
Boykins testified that she began loading a .357 revolver. When Swazya walked toward her, the gun discharged. Swazya was hit [173] above his left eyebrow and was fatally wounded. Boykins stated that the gun accidentally discharged while she was trying to load it.1
Although Boykins told the police and testified that the shooting was accidental, due to the physical evidence, an accidental discharge was considered unlikely by both the defense and prosecution experts. For this reason, accidental discharge was not the focus of the defense. Instead, counsel for Boykins argued that Boykins shot Swazya in self-defense and her insistence in describing the incident as an accident was a product of battered woman syndrome. Evidence was presented that women who suffer from battered woman syndrome often claim they accidentally killed their batterer.
The jury convicted Boykins of involuntary manslaughter with the use of a deadly weapon.2 The trial judge sentenced Boykins to the Nevada State Prison for a minimum of nineteen (19) months and a maximum term of forty-eight (48) months without any enhancement.
DISCUSSION
Boykins offered the following jury instruction:
Evidence of battered womens [sic] syndrome can be considered by you, the jury, for the following purposesf:]
(1) To determine whether the defendant actually believed that she needed to use deadly force.
(2) To determine whether, due to battered womens [sic] syndrome, her belief was reasonable, and
(3) To assist in determining the credibility of the defendant’s testimony.
The district court declined to give this instruction, finding that there were other instructions, specifically Instruction 34, that adequately advised the jury on the effects of domestic violence to a claim of self-defense pursuant to NRS 48.061 and 200.200.
Boykins claims that the failure to give the instruction deprived her of a fair trial. “A defendant in a criminal case is entitled, upon request, to a jury instruction on his or her theory of the [174] case, so long as there is some evidence, no matter how weak or incredible, to support it.” Williams v. State, 99 Nev. 530, 531, 665 P.2d 260, 261 (1983). Boykins asserts that the offered instruction was necessary to eliminate confusion created by other instructions. Boykins argues that Instruction 34 did not make it clear to the jury that evidence regarding battered woman syndrome could be' considered in evaluating whether a reasonable person under the circumstances (i.e., suffering from battered woman syndrome) would believe that she was in imminent fear of her life or great bodily injury. Boykins also contends that Instruction 34 did not address the effect of the syndrome on her state of mind at the time of the shooting and her claim that the shooting was accidental despite physical evidence to the contrary. We agree.
Dr. Lenore E. A. Walker3 testified as an expert witness for Boykins. “Dr. Walker [has defined] a battered woman as ‘one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without any concern for her rights.’ ” Ann-Marie Montgomery, Note, State v. Riker, Battered Women under duress: The concept the Washington Supreme Court could not grasp, 19 Seattle U. L. Rev. 385, 391 (1996) (quoting Lenore E. Walker, The Battered Woman 15 (1980)). Dr. Walker testified that the abuse must occur twice before a woman can be considered a battered woman. The district court allowed her great latitude in describing aspects of the battered woman syndrome including the interaction between the “learned helplessness” and a process called the “three phases of violence” (the cycle theory).4 Dr. Walker’s three phases of violence theory has been described as follows:
This theory describes three distinct phases to a battering relationship. In phase one, the tension building phase, the batterer indulges in psychological torture of the woman. This torture is followed by phase two, an “acute battering incident,” in which the inevitable tension that has built up results in an uncontrollable discharge of violence. In phase three, the batterer expresses “loving contrition” by apologizing profusely and showing kindness and remorse. It is this third phase that is the most troublesome because the batterer’s [175] behavior provides the woman with positive reinforcement for staying in the relationship.
This positive reinforcement leads battered women to experience a sense of learned helplessness. The theory of learned helplessness explains the counter-intuitive nature of the battered woman’s responses to the incessant abuse she suffers
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OPINION
By the Court,
Leavitt, L:
Appellant was charged with first degree murder with the use of a deadly weapon. She asserted self-defense and claimed that she suffered from battered woman syndrome. An expert testified concerning the effects of the syndrome on a battered woman’s beliefs, behavior, and perceptions. The jury returned a guilty verdict of involuntary manslaughter with the use of a deadly weapon. Appellant was sentenced to the Nevada Department of Prisons for a minimum term of nineteen (19) months and a maximum term of forty-eight (48) months.
FACTS
Appellant Patricia Yvonne Boykins and the victim, Calvin Rochester Swazya were involved in a non-marital relationship for seven years and cohabited for six years. The couple constantly argued with resulting instances of verbal and physical abuse. Boykins testified that Swazya would beat her and “there were times when they [sic] were beatings ... he always hit me, but there were times that were worse than others.” She also testified that she knew, by Swazya’s expressions, when the argument would become violent. Boykins’ testimony was corroborated by other witnesses who testified regarding the violent nature of Boykins’ relationship with Swazya.
Boykins was a general manager of the Sagebrush Ranch, a licensed brothel, where Swazya was a custodian. The relationship between the parties deteriorated, Swazya requested an early paycheck and was preparing to leave. The couple argued about financial issues for several hours. One witness testified that he observed Boykins in a corner of her office with her hands raised to protect her face while Swazya was standing over her with his hand raised as if to slap her. Swazya appeared to be in a rage.
Boykins testified that she began loading a .357 revolver. When Swazya walked toward her, the gun discharged. Swazya was hit [173] above his left eyebrow and was fatally wounded. Boykins stated that the gun accidentally discharged while she was trying to load it.1
Although Boykins told the police and testified that the shooting was accidental, due to the physical evidence, an accidental discharge was considered unlikely by both the defense and prosecution experts. For this reason, accidental discharge was not the focus of the defense. Instead, counsel for Boykins argued that Boykins shot Swazya in self-defense and her insistence in describing the incident as an accident was a product of battered woman syndrome. Evidence was presented that women who suffer from battered woman syndrome often claim they accidentally killed their batterer.
The jury convicted Boykins of involuntary manslaughter with the use of a deadly weapon.2 The trial judge sentenced Boykins to the Nevada State Prison for a minimum of nineteen (19) months and a maximum term of forty-eight (48) months without any enhancement.
DISCUSSION
Boykins offered the following jury instruction:
Evidence of battered womens [sic] syndrome can be considered by you, the jury, for the following purposesf:]
(1) To determine whether the defendant actually believed that she needed to use deadly force.
(2) To determine whether, due to battered womens [sic] syndrome, her belief was reasonable, and
(3) To assist in determining the credibility of the defendant’s testimony.
The district court declined to give this instruction, finding that there were other instructions, specifically Instruction 34, that adequately advised the jury on the effects of domestic violence to a claim of self-defense pursuant to NRS 48.061 and 200.200.
Boykins claims that the failure to give the instruction deprived her of a fair trial. “A defendant in a criminal case is entitled, upon request, to a jury instruction on his or her theory of the [174] case, so long as there is some evidence, no matter how weak or incredible, to support it.” Williams v. State, 99 Nev. 530, 531, 665 P.2d 260, 261 (1983). Boykins asserts that the offered instruction was necessary to eliminate confusion created by other instructions. Boykins argues that Instruction 34 did not make it clear to the jury that evidence regarding battered woman syndrome could be' considered in evaluating whether a reasonable person under the circumstances (i.e., suffering from battered woman syndrome) would believe that she was in imminent fear of her life or great bodily injury. Boykins also contends that Instruction 34 did not address the effect of the syndrome on her state of mind at the time of the shooting and her claim that the shooting was accidental despite physical evidence to the contrary. We agree.
Dr. Lenore E. A. Walker3 testified as an expert witness for Boykins. “Dr. Walker [has defined] a battered woman as ‘one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without any concern for her rights.’ ” Ann-Marie Montgomery, Note, State v. Riker, Battered Women under duress: The concept the Washington Supreme Court could not grasp, 19 Seattle U. L. Rev. 385, 391 (1996) (quoting Lenore E. Walker, The Battered Woman 15 (1980)). Dr. Walker testified that the abuse must occur twice before a woman can be considered a battered woman. The district court allowed her great latitude in describing aspects of the battered woman syndrome including the interaction between the “learned helplessness” and a process called the “three phases of violence” (the cycle theory).4 Dr. Walker’s three phases of violence theory has been described as follows:
This theory describes three distinct phases to a battering relationship. In phase one, the tension building phase, the batterer indulges in psychological torture of the woman. This torture is followed by phase two, an “acute battering incident,” in which the inevitable tension that has built up results in an uncontrollable discharge of violence. In phase three, the batterer expresses “loving contrition” by apologizing profusely and showing kindness and remorse. It is this third phase that is the most troublesome because the batterer’s [175] behavior provides the woman with positive reinforcement for staying in the relationship.
This positive reinforcement leads battered women to experience a sense of learned helplessness. The theory of learned helplessness explains the counter-intuitive nature of the battered woman’s responses to the incessant abuse she suffers
When a woman realizes that her behavior bears no relationship to the violence she receives, she develops “survival or coping skills that keep [her] alive with minimal injuries.” For example, many battered women become passive after an abusive incident. These coping skills are developed at the expense of escaping skills, which may include anger and active behavior, skills that would enable the battered woman to leave the relationship.
The synergistic effects of the cycles of violence and learned helplessness are profound. A symptom of these effects is hypervigilance, a symptom that all battered women share. Battered women are hypervigilant to cues of potential danger and are acutely aware of their surroundings. To a battered woman, otherwise insignificant, behaviors such as an eye twitch, a particular tone of voice, or a certain movement are all things that may signal an impending attack by a male.
Montgomery, supra, at 392-94 (footnotes omitted) (quoting Lenore E. A. Walker, Battered Women Syndrome and Self-Defense, 6 Notre Dame J.L. Ethics and Pub. Pol’y 321, 326 (1992) & Lenore E. Walker, The Battered Woman Syndrome (1984)).
Several state courts have accepted evidence of battered woman syndrome:
[[S]eventy-six] percent of the states [thirty-nine] have found expert testimony on battering and its effects admissible to prove the defendant is a battered woman or “suffers from battered woman syndrome.” Nearly as many, [thirty-five] states [sixty-nine percent] have found “generic” expert testimony admissible, i.e., to explain battering and its effects generally.
Janet Parrish, Trend analysis: Expert testimony on battering and its effects in criminal cases, 11 Wis. Women’s L.J. 75, 117-18 (1996) (footnote omitted).
The Nevada Legislature recognized the theory in NRS 48.061 as follows:
Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic vio[176] lence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:
1. Whether a person is excepted from criminal liability pursuant to subsection 7 of NRS 194.010,