Depends on the state since neither is a federal crime. I don't have time to search out the legal requirements for all of them (or any of them really). In general (although I'm sure you can find states that differ) I think it's safe to say that:
Murder 1 is intentional murder with premeditation (although the premeditation and intent may not be required in some circumstances in some states).
Murder 2 requires the intent to hurt or kill but doesn't require premeditation. (ie- you get in a bar fight and during the fight you grab a knife off the bar and stab the other person. You may not have intended to kill him, but you obviously meant to hurt him or you wouldn't have stabbed him. He died, so even if you only intended to hurt and not kill it can be Murder 2)
See, this definition of Murder 2 I was thinking of (the other definition I hastily ascribed much farther above was from a quick google link, and I was surprised as it seemed to list out what I thought of as Murder 1). It doesn't require premeditation, but it involves intentionally stabbing him. "You obviously meant to hurt him or you wouldn't have stabbed him".
In this case, he did not "obviously" stab the woman that was his accomplice. He did not "obviously" intend harm to her. He did not "obviously" do anything to her. She was his accomplice, along for the ride, and she happened to catch the bullet that was sent their way; it could have hit her, or it could have hit him, and it was all up to luck and chance. It was a high-risk crime, yes, but there was no "obvious stabbing", as you define here.
A failed Murder 2 would still fall under attempted murder, as far as I know. Intentionally stabbing or shooting someone, even if it fails to kill them, was still an attempted murder, because stabbing someone or shooting them is most times fatal and has the end goal of incurring fatal consequences.
Manslaughter does not require intent or premeditation, just a "reckless disregard of human life." (ie- you dig a big hole in front of your front door because you're going to put in a swimming pool. You don't bother to mark it or put a fence around it and that night your neighbor comes over to borrow a cup of milk and falls in the hole and dies. That would be covered by manslaughter.)
This seems to be the case. He showed a reckless disregard for his partner's life, both in his fleeing and his taking her on as his partner. This is the only justifiable conclusion that I can come to.
As far as sentences, I really have no idea what is allowed for each. I think it's safe to assume that there are significant differences or there wouldn't be much point in making them different crimes. I believe Murder 1 is the only one with a death sentence or life without parole, and then only in certain circumstances. The best I remember is that 10-20 years is the maximum for manslaughter in cases I remember reading about in the past.
The type of conviction (1, 2 or manslaughter) also affects when and if you can be paroled.
Then the question makes a huge difference, and shouldn't be lightly passed unless there was a major difference between what would be between Murder 2 and Manslaughter.
Sure. Laws tend to get pretty messed up. Sometimes because they're written badly, sometimes because of the 'law' of unintended consequences, sometimes because they're applied badly. Probably other reasons I haven't thought of too.
Indeed, since I still can't tell the difference between your self-defined Manslaughter, and the Murder 2 defined in the Florida laws.
That was pretty much my point about you not knowing what the law says.
Yes, and I admit fault here. I apologize. But I see a difference between the Murder 2 you suggest up above, and the Murder 2 on the Florida books.
Looking through Florida law, so much of it seems based on the "possibility" of "something bad occurring". I'm not sure if I agree with this general tendency on the books. I admit, though, I'm currently very tired and working on other studies as I talk, so I'm distracted.