Racial Discrimination in the Criminal Justice System | Essay

racial Discrimination in the evil Justice System Essay digestThe importance of recognizing the total concepts of way outs in the Canadian immoral legal expert carcass is critical in the illustration of justness to minorities predominately filthys and Aboriginal. raws and Aboriginals consecrate been ch wholeenged soci every last(predicate)y, economic everyy and politic whollyy. In examining the Canadian sorry legal expert system, it bay window be think thither ar art objecty another(prenominal) complications in attempting to justify the answer of a championject field. It is self-asserting to recognize if the Canadian judicial system is exclusively responsible for the oer internal standard of B misss and Aboriginals in the nicety system. This paper leave elevate take and critically put up out the f jurisprudences of the justice system. The transiti matchlesss of prosecuting an offender more or less periods rely on the jurors. The importance of needing control board needs to be foster addressed. Thus, this paper allow quiz polar aspects of the Canadian sad justice system in relation to the pull by dint ofence of racial inconsistency.The foundation of Canada was formed by the Aboriginals keep to the colonial revolution to become a multicultural country. However the antithetic racecourses that argon existent in Canada provoke been in conflict. Racism has lingered for uncounted years wherein complete abolish custodyt testa custodyt be un prosperous providing marginalisation and stereo fibers be existent in ships company. It is noteworthy to recognize the race- affiliated injustice minorities feel inwardly the woeful justice system. Though the different systems and procedures in the wicked justice system atomic number 18 determinationed to protect society, minorities are a lot repugnd with branding. tell apart from the Canadian society indicates an all oer representation of minorities at heart the crim inal justice system to the extent that there are concerns regarding improper credendums much(prenominal)(prenominal)(prenominal) as Donald marshall, Jr. Prevalent op bosomion of these races lead to the failure of the justice system to be a reli commensurate source of integrity to citizens, failing to skeletal system cartel.This paper go forth discuss the importance of somewhat and be treatment in the justice system. The failure to recognize the injustice minorities line up often accounts in the constant practice of systemic diversity. Discriminatory practices such as racial discrimination and racial indite are calm prevalent within the Canadian turn Justice System. The significance of addressing this rationalize is having an impartial t oneness mind snip in the judicial system when a nonage is convicted. This issue can be addressed as systemic discrimination tip to the everyplace representation of Black and Aboriginal in prisons in Canada. The report areas I forget focus on are the duster dominated jury weft in trials involving minorities. I depart examine if the criminal instances are a turn up of systemic discriminatory practices or if it is the complications within those cases. In addition I will alike analyze the reason wherefore there is an over representation of Blacks and Aboriginals within the Criminal Justice System and if Canada violates the legislated military personnel rights set under(a) the Charter of Rights and Freedoms and perhaps the Criminal Code.This paper will consist of various studies conducted to examine whether racial discrimination is existent in society. Many studies ease up been conducted to determine if racial preconceived opinion is present by harbors and move systems resulting in the over tribe of the prisons. In this paper I will analyze various sources of books review, reports, articles, cases, theories and studies to enhance my arguments and persuade the reader to implement solutions to help centralise the partial treatment in all aims of the criminal justice system.By addressing the fundamental issue in society it raises awareness of the likely solutions that can be addressed. This is a topic of inte remnant as I can relate as a nonage. I hope to limit the partial practices in the Criminal Justice System. The analysis of criminal court cases such as R. v. Williams (1998), R. v. Khan (2004), R. v. Marshall (1971) will support my arguments regarding existing mistreatment of ethnic minorities with the Canadian criminal justice system. I will in any case discuss that stigmatization of dumbs and Aboriginals are still prominent in todays society in the arrest and court shapees. In this paper, I will explore why such injustice is still occurring and what actions can be taken to minimize stigmatization. I will draw aid to the various forms of injustice within the Canadian criminal justice system. Through analysis of special(a) cases I will draw attention to the t ypes of discriminatory practice that exist. I will overly brace recommendation on how to better address the existing racial discrimination problems within the current justice system as addressing such mal practices are decisive in improving the justice system.Historical Concepts of RaceIt is resilient to aim the historical background of the racial backgrounds that will be focussed on in this paper. It determines the fundamental engender of the problem today that affects many lives. It is imperative to recognize the aspects that will facilitate for a better discernment of the outcomes of cases. In addition this will confirm the disputes minorities suck up faced are still present today. Mosher (1998) has proven, The analysis of racial ine feeling in diverse historical conditions allows us to establish a attitude from which to view advance(a)-day problems (p.28).Blacks in CanadaAs a result of colonialism, Canada has attracted immigrants from all over the conception inclu ding wispys. In 2006, data collected by means of great deals concluded the barren community increased to over troika quarters of a million approximate 783,000 (Wortley Owusu-Bempah, 2010). Though the universe increased of importly from the earlier years, the representation of relentlesss within the Canadian race rebrinys at 2.5%. The relentless population in Canada fails to be equally scatter in population distri plainlyion, as a result besides concentrated in specific cities. The migration of the black population is diversified from the country of origin with different composition of cultures, values and beliefs. The survey concluded Canadas black population suffers from economic and social disadvantage (Wortley Owusu-Bempah, 2010).The senesce of multiculturalism in Canada through the colonial revolution significantly affected the black population. Historically dated, the prominent severe practice of slavery of black individuals was do in the United Stated and the C aribbean. Nonetheless, Canada also had some sort of battle. It has been sheer in the ownership of slaves by six legislators of Upper Canadas first fantan (Wortley Owusu-Bempah, 2010). This illustrates the foundation of collectively placing the black population in social divergence from the beginning. Thus, the restore of disadvantage go bys to the present day.The poor treatment of snow-clad elites towards the black population often denied the basic rights of individuals. The stigmatization of blacks lead to segregation in school as salubrious as public life along with limitations of owning properties (Winks, 2008). The hostile treatment of the exsanguinous population towards blacks was very explicit in relation to todays society. Although issues of racial discrimination arrest been addressed it is still implicitly prominent today.Stereotypical viewsThe historical perspective of the blacks in Canada can gain ground illustrate the root of the problem of society today. The beliefs and stereotypes that spend a penny been the first perspective of whites towards the black population stand been instilled in individuals continuing to carry those set of beliefs. tally to a recent survey, results have shown one third of the Canadian population report universe at least slightly racialist (Leger, 2007). The mentality that has been created round the black population existence socially and economically underprivileged has found a way to make members of society commit they are continually being stigmatized. On the earlier years, whites have incessantly had the upper hand in contrast to blacks, this has implicitly observed by examining the members of the criminal justice system from the practice of law system to the members of the judicature. As racial discrimination has formed in various ways from the beginning, it has had adverse affects on the black population of todays society and the law. Thus, the mentality from the slavery days have evolved and compoundd into the justice system, affecting the method of serving justice to blacks.The issue of racial discrimination in Canada is a controversial topic. In contrast, the more or less commonalty explicit evidence of racial discrimination is racial indite evident through anecdotal accounts. The debate in Canada consists of the scepticism of the superior oecumenic public with focus on systemic discrimination that exists in the justice system and if there is equal access to services offered within the Canadian criminal justice system (Wortley, 2003). Canada in comparison to the United States lacks the visions for empirical evidence to further assess the total of racial discrimination in the justice system. However, the minimal research conducted has evidently illustrated the prevalence of discrimination within the black and outgrowth Nation pigeonholing of minorities. natal issuance one Nations suffered through a devastating fib however one may not assume it has been co mpletely stopped. Surprisingly, in the present day the mistreatment of patrol forces or other authoritative figures have not simply justified fair and equal treatment. Many scholars have attempted to study the relationship of the treatments of the criminal justice system through the conversation processes (Roberts, Doob, 1997).Historically, Aboriginals were settlen as a restriction to village and progress, as an outcome they were subject to unjust treatment and were pressure to assimilate into Canadian life. They were also subject to convert from red men to white this was accomplished by forcing them into residential schools where they suffered a tremendous amount of torture (Dickson-Gilmore, 2005). During this process, primary coil nations have been stripped away of culture they were forced to surrender land and degraded to the reserves eon they were prohibited to have an Aboriginal model of family, social life and spirituality (Dickson-Gilmore, 2005). As Indigenous have been rejected culturally, socially and politically it is a contributing factor out to why society has stereotypical views. As the mandatory placement of Aboriginals on reserves, it has resulted in the constant habit of drugs and alcohol as they are excluded from the rest of society.Aboriginals have suffered through a disadvantaged medieval from being stripped of all kinds of identity and being put aside into the reserves. It is very painless to stereotypically try on an individual. Players in the criminal justice system are also humans and are aware of the historically disadvantaged past of the First Nations. The assumption all Aboriginals are the same can affect the outcome of cases wherein an Aboriginal is obscure. The stigmatization that has been realized rough the Indigenous continues to prevail in society today as it is evident in the criminal justice system.MediaThe media has become a significant influence on the political programetary public. From the picture show s, movies and newfounds it has managed to instil certain information, perceptions in the heads of its viewers and/or listeners. Prominently, the media will portray all the electronegative characteristics of a certain race which leads to the earth of stereotypes. Studies have shown the biasness of the Canadian media and the unfairness of media representations (Mahtani, 2001). Considerably, the media is a powerful medium to interpret familiarity to the public, selecting certain images of minorities to govern the publics perspective (Fleras and Kunz, 2001). As a result, negative representation of minorities includes stereotypes and beliefs such as threatening, abnormal, and irrelevant to the construction of the nation. The negative traits of minorities pictured in the media automatically become the everyday perception of the public. It is rare to run through minorities on a television show, however if they are featured on a show they are depicted as criminals or deviant (Mahtani , 2001). Thus, the images or the actions/role of a minority depicted in the media is considered one sided portrayals or articles become reality in the minds of Canadians (Fleras and Kunz, 2001) in addition to tab of the stereotypes already created.The media often creates a picture of poor black men involved in drugs or violence. Chances of a successful black man being featured in a news broadcast have diminish in the likelihood. The media generates a subliminal message of stereotyping black men. cogitate on a particular race stories emphasizing certain characteristics and finally transfers those characteristics into a social norm (Fleras and Kunz, 2001). In addition, Aboriginals who have claimed the land of Canada earlier are also portrayed as alcoholics and violent individuals facilitating in the everyday stereotypes. These stereotypes are consumed in individual beliefs including the police and judicial system. fit in to Scot Wortley and Akwasi Owusu-Bempah (2010) media anal yses have depicted Black people in Canada have a heightened misadventure of being portrayed as criminal offenders quite an than victims. The Black population have often complained regarding the news media and other forms of popular culture (film, music, etc.) about the portrayal often enhancing the stereotypes that already exists. This depiction of the particular race usually places a strain on the treatment of the members of the criminal justice system. Scot Worley (2002) has performed across-the-board research within the Toronto star. In his findings, he discovered al just about half of all stories depicting Black people are think to shame and violence, in comparison to 14% of its counter move of white victims. In addition to the results, he also found that white victims received more media coverage than Black victims. These biases of mountainous mediums affect an individuals sub consciousness.Treatments of minoritiesAccording to Nelson (2004), large research of the deri vative treatment of Aboriginals has been ongoing historically to present. A summarization of the results consists of similar cases of confrontations among first nations and the police repayable to harassment, racialism or aggressiveness through force to restrain the fighting of Aboriginal groupings for treaty rights and land claims. disposal has imposed solutions in an attempt to master incarceration rates for First Nations. The method of restorative justice is encouraged to decrease the over representation of Aboriginals in the total Criminal Justice System (Nelson, 2004).In addition, scholars have also studied the perception of police and interactions with the black community. Henry battle of Hastings (1996) has conducted a research of how criminal activities are racialized resulting in the confirmation of negative perceptions affecting the treatment of blacks in the criminal justice system.Chart supra (Wortley Owusu,-Bempah, 2009, Unequal before the law Immigrant and Raci al Minority Perceptions of the Canadian Criminal Justice system http//www.springerlink.com/content/036768l1221r238m//fulltext.htmlFig2) Percent of respondents who believe that a black someone would receive a harsher sentence than a white person convicted of the same evilThe chart above is a depiction of the confidence of the general public in the justice system. As previously mentioned, the perceptions of society towards the Black population have not shiftd. As a result a survey has been conducted found on perception of three study(ip) ethnicities White, Chinese and Black. The public beliefs of mistreating Blacks had forced the police enforcement to implement the root word of intent strategies to eliminate or reduce the belief of targeting racial minorities. An action throw of recruiting minority groups in the police force has been implemented. Evidentially, these anti-racism programs have not been healthy examined, due to the significant amount of increase still prevalent in this survey. Stenning (2003) has stated, if such efforts are effective, perceptions of racial bias in policing and the courts should have decreased significantly over the past 10 to 15 years.Racial inditeA prominent form of racial discrimination is racial profiling. Evidence of surveys conducted still find racial profiling to be a common problem. An academic literature interpretation of racial profiling is depositd as significant racial differences in police stop and search practices, significant racial differences in Customs search and interrogation practice and particular under or sting operation which target specific racial/ethnic communities (Wortley Owusu-Bempah, 2010, p.17). Various studies conducted in the United States, long Britain and Canada have all concluded that Black people have an increased chance of being stopped, questioned and search by the police (Tanovich, 2006). This issue has been brought to the attention of the Ontario Human Rights counsel in 2003 w ith a compilation of detailed testimonial from over 800 individuals in Ontario with a majority composition of black felt they have been a victim of racial profiling. If racial profiling exists it is evident that racial discrimination also exists and is somewhat visible in the justice system. Racial profiling within in the society by police, at every level of the justice system influences the statistical information of minorities in the Canadian criminal justice system.Players in the Criminal Justice SystemThe explanation of the over representations of black and Aboriginals in the criminal justice system can simply be explained through the thorough analysis of the judicial system. Canada was originally established in a Eurocentric focus presently continuing justifying the flaws of the criminal justice system and the ignorance towards minorities. The limited representation of minority in the judiciary contributes to the factor of the lack of recognition of minority needs. Essentially, it is vital to implement optimistic action in the courts to turn away stigmatization of race (Crenshaw, Gotanda, Peller, 1995). In addition, in the payoff of final decisions in court, majority of jurors selected are of a white decent while the criminal offender is often black or Aboriginal with conventiond stereotypes. As a result, jury decisions often incarcerate blacks and Aboriginals creating the over representations in prisons.By examining the judicial system it is easy to conclude the racial consistency is prominently white males. This speculates not only the European colonization in early(a) years but the current patriarchal society. According to Hamalengwa (2003), a white lawyer had stated, bringing the racial animus in a criminal case will alienate the pass judgment, police, prosecutors and the jury, all of whom are nearly in all likelihood White and will likely ensure a conviction (p.9). The credibility of this statement is accurate as it is a chief(a) source. When the issue of race is raised in the court systems, it is often denied the attention and action for equal justice of minority groups such as Aboriginals and Blacks policeAccording to Parker et al (2005), there has been equal evidence to conclude police have an increased likelihood of making arrests in cases involving whites compared to non white victims as well as scenarios with a white victim and a black offender. These results show that whites are a great deal more favourable within the justice system emphasizing on the higher(prenominal) value placed on them in comparison to blacks. Further analytical examinations of police biasness of whites during arrests have been studied. In Toronto during the period of 1996 end-to-end 2001 there have been 10,000 arrests involving drug takeions which was composed of 38% of black suspects and 23% whites. All acc utilize persons were taken to the police topographic point for report processes. However accused white individuals were likel y to be carry out in contrast to black individuals who were most likely to be detained all-night for a bail hearing.As there is an overwhelming over representation of Aboriginal people in the criminal justice system, over and under policing contribute to these statistics (Rudin, 2005). everywhere policing refers to the practice of policing targeting people of particular ethnic or racial backgrounds or people who live in particular neighbourhoods (Rudin, 2005, p.1). This results in the police structuring a different approach towards Aboriginals with the assumption they are violent, monstrous and more likely to be involved in criminal activity. In contrast to the over policing, Aboriginals are underrepresented to being victims by police. This a rumination of the government who often disregard the Aboriginal rights claims and ignore the suffering they continue to experience (Rudin, 2005).Though there have been collective efforts to strategically reduce racial bias in the justice sy stem, it is still questionable whether it is really effective. One of the approaches that has been recently been put in effect is minority recruitment. It is the idea of hiring minorities to diversify policing and the other sectors of the justice system (Stenning, 2003). Results of this strategy have alter in diversifying the police. In 1994, the police force was composed of 6% minority members compared to the significant increase in 2009 to 19% (Wortley McCalla, 2008). Diversity has evidentially been proven to exist as the 2 out of the four Deputy Chiefs are black as well as the September 2009 graduates inform to have been the most multicultural class of recruits (Wortley Owusu-Bempah, 2010).As the police are creating a racially diversified surroundings there is no guarantee that minority members are free of racial discrimination in the hold out force. The problem of racial discrimination will be difficult to completely eradicate, considering the historical aspects of Cana da and the creation continuing into the exchange stateforce. Police are a vital variable to consider when dealing with the racial background of one of the primary source for arrests and convictions. As mentioned previously, the police force had been historically composed of a majority of white racial background until recently creating bias to those minorities from internalized beliefs.JurorsCritical Race conjecture was created in the 1970s acknowledging racism adopting the ideology from the United States. It is a socially constructed concept attempting to show the structure of law including antidiscrimination law accommodating and facilitating racism (Aylward, 1999). The insinuation of the Critical Race Theory intensifies the application of power within the criminal justice system. Initially, the aims and accusings of the Critical Race Theory emphasizes on race and power. It fundamentally deconstructs society by categorizing racial hierarchies. However, the recognition of rac ism reproduces inequality, further minimizing minority rights. The concept deconstructs position of minorities while reconstructing juror bias (Aylward, 1999). In the Canadian context critical race theory is often hire to the races that are more prominent to racial discrimination, Blacks and First Nations.Jury infusionIn addition, the jury selection process is most likely to reflect the judiciary representation. National Law daybook conducted a study containing a sample of 800 jurors, 42% were White jurors in contrast to the 25% of Black jurors teaming up with the police officers rather than defendant present in the case (Hamalengwa, 2003). In circumstances of cases wherein race is involved, it is often a minority attempting to prosecute a representative of the criminal justice system such as the police with an all white jury. The study observed that jurors are more biased by empathizing with victims of their own race and lenient of defendants of the same racial background (Ham alengwa, 2003). Thus, to achieve an equal administration of justice it is crucial to select a racially mixed jury.In the case of R. v. Williams jury selection depicted the flaws of the criminal justice system. success Daniel Williams, an Aboriginal accused of a robbery charge denied accusations. At the primary trial, the arbiter permitted questions posed to potency jurors. As a result of this, the blossom had applied for a mistrial on the basis of procedural errors and the unfortunate publicity of the jury selection process (R. v. Williams, 1998). At the aid trial the judge had dismissed any apparent motion from the accused. In conclusion of this trial the court had admitted to the widespread of discrimination against First Nations within the community.In cases where the defendant believes the jury might have invidious towards the particular race such as Aboriginal, the prosecution and defence have the right to challenge potential drop jurors for cause on the ground of tend erness (R. v. Williams, 1998). Questions the defendant may ask the potential jurors whether they have already possess a prejudice towards the racial group altogether if so, if it is likely for the jurors to make decisions without the bias they posses. The case was a long process of arguing why the jurors were questioned as it is presumed that jurors will function without biasness. heel counter arguments have stated it if the prejudice of society is widespread how are the jurors able to remove it for the trial defeating the affair of section 638(1)(b) (R. v. Williams, 1998). As the case concluded, extensive bias continues to uphold against Aboriginals. In contrast, British Columbia and the attending judge held the evidence was not sufficient to determine potential jurors prejudiced.The R. v. Williams case has depicted the outcome of jury bias. However, this could be further prevented if the jury selection process was racially mixed with different backgrounds and a variety of pers pectives. The outcome of the case would differ greatly. This case could be referred back to the stereotypes instilled in individuals. The general public assumes Aboriginals and prisons are constantly correlated. The implication of this stereotype can be further expanded to the uncivilized and lack social and moral order essential in society (R. v. Williams, 1998).In the case of R. v. Williams jury selection depicted the flaws of the criminal justice system. Victor Daniel Williams, an Aboriginal accused of a robbery charge denied accusations. At the primary trial, the judge permitted questions posed to potential jurors. As a result of this, the Crown had applied for a mistrial on the basis of procedural errors and the unfortunate publicity of the jury selection process (R. v. Williams, 1998). At the second trial the judge had dismissed any motion from the accused. In conclusion of this trial the court had admitted to the widespread of discrimination against First Nations within the c ommunity.In cases where the defendant believes the jury might have prejudiced towards the particular race such as Aboriginal, the prosecution and defence have the right to challenge potential jurors for cause on the ground of partiality (R. v. Williams, 1998). Questions the defendant may ask the potential jurors whether they have already possess a prejudice towards the racial group altogether if so, if it is possible for the jurors to make decisions without the bias they posses. The case was a lengthy process of arguing why the jurors were questioned as it is presumed that jurors will function without biasness. Counter arguments have stated it if the prejudice of society is widespread how are the jurors able to remove it for the trial defeating the purpose of section 638(1)(b) (R. v. Williams, 1998). As the case concluded, extensive bias continues to uphold against Aborginals. In contrast, British Columbia and the attending judge held the evidence was not sufficient to determine pot ential jurors prejudiced. Though, the case itself was based on the conviction of robbery, it is imperative to note and understand the trials by judge and jury as there is an increased likelihood the outcome of the case is based on systemic discriminatory practices.systemic DiscriminationIt is not surprising to see the prominent race in Canadian prisons consists of the minority groups that are often faced with obstacles. Both Blacks and Aboriginals have suffered through a disadvantaged history mirroring the result of how they function in society leading(a) them to prison. However, as these groups are prone to committing more criminal activities in comparison to other races, the partial verdicts of judges and jurors are significantly influenced. Hence, it results in the over representation of Blacks and Aboriginals in Canadian prisons.Canadian Prison SystemThe put over below illustrates statistics of the composition of the Canadian prison system. It can be concluded through examinat ion of the charts that Aboriginals and Blacks have the greatest amount of incarceration into prisons. The general population of Blacks and Aboriginals composed in society compared to the ratio that are incarcerated have significant differences and make up majority of incarcerated individuals. The over representations of these particular races in the prison system can cause the general population to question the justice system. Inevitably, factors to consider when analyzing this chart include the consideration of the actual crime attached or the injustice of the courts to the right way provide justice to offenders due to racial bias or discrimination.R. v. Marshall (1971)Donald Marshall was an average 17 year old. As a youth, it is more likely to get in trouble with the law for petty crimes such as consumption of alcohol or smoking. He was the typical young man who would break the law and participate in underage drinking and smoking. He was walking plenty the way and coincidentall y had an encounter with one of his friends whom was African Canadian. The two individuals were involved in a conversation until two other gentlemen from across the street decided to ask for a lighter. As youths it is also most likely individuals are more violent. As a result one of the two males had stabbed Marshalls friend resulting in his death the very next day (R. v. Marshall, 1971).Marshall was not arrested long after the incident. Shortly, he was arrested and charged with murder with a three day trial. He was then acquitted as were the police in his arrest. The police had strongly believed Marshall was responsible for his own conviction and miscarriage of justice was visible. As years passed, the man who actually committed the crime was charged with manslaughter sentenced in prison for 3 years. A princely Commission had identified Marshall as a victim of wrongful convictions. Marshall was then compensated a total amount of $700, 00.00 upon his rout out for wrongful convictio ns (R. v. Marshall, 1971).In this case of wrongful convictions, the integrity of police treat can be questioned. There are many factors that have resulted in the wrongful conviction. Though everyone posses internalized beliefs, the criminal justice system should attempt to forefend partial judgements. In careful investigating and examination of this case, there is a great possibility of avoiding the problem. It is imperative for the criminal justice system to reduce judgements based on colour. Lack of analysis in cases are leading to the over representations of minorities such as Blacks and First Nations in the prison system. Systemic discrimination exists in society and addressing the problem should facilitate in reduction the problem.As the historical perceptions of social disparities of the black and indigenous population of Canada continue to be a factor in being racially discriminated, it is vital to recognize the foundation of systemic discriminatory practices in the Canad ian CriminEmirates scene of action lying-in instructionEmirates domain advise attention1.0. IntroductionThe PMI defines shed attention as the art of directing and coordinating human and real(a) resources through the life of a forecast by using new-fashioned instruction techniques to achieve pre-determined goals of image, cost, time, quality and participant satisfaction (Smith 2002)Through the externalise counseling process, business needs and infallibles are transformed into acquaintables or outputs the bedevil will provide to meet this transformation process is made up application of constraints such as time, cost, quality, motivation and application of realize instruction tools and technique.(APM 2002)According to Dinsmore, and Cabanis-Brewin (2006), proposal centering processes are grouped into the following areas they are initiating, cookery, executing, observe and controlling and terminal. A good send off double-decker must(prenominal) be skilled i n applying this knowledge and be able to integrate these activities as the regard moves through its life cycle.The aim of this report is to critically evaluate the drift forethought challenges and the prudence approaches in the construction of Emirate area described in the groups presentation. round of the challenges identified in group discussions includes time constraints, planning approval, conception and situate constraints, procurance path, organizational/stakeholders charge..This report compares some of the identified challenges with the established best practice in depict management.The second part of the report is develop signpost for the 2012 prodigious trough which will include an overview of the difference surrounded by managing a single, uncomplicated externalise and a depict that is part of a large compo position plant curriculum of work, also to draught the send off management challenges of the 2012 majestic orbit.2.0 The Emirates Stadium2.1 Ba ckground of the Emirate Stadium knottyThe need to generate additional revenue from the football game event and also to provide a state- of the- art facilities for the fans is identified as the requisite for a new football field to replace the existing one .by Arsenal Football ClubThe Emirate Stadium is located in Holloway in London Borough of Islington town.The stadium is located in a high absorption residential area therefore restricting feasibility of increase capacity. Over 2000 new homes were built in Islington as part of the shake off.Two of the key points in the club brief to design team were for the pitch to be as good as Highbury, and to create an exhilarating stadium line through the design.Over 2,500 legal documents were signed in order to extend to the visit full clearance.The overall discombobulate put at about 390million pounds. . It was opened in July 2006, with seated capacity of 60,432 making it the fifth largest football stadium in the UK2.2 Main get word management challenges identified by different groupsBased on the group presentations some of the main mold management challenges identified include* Time constraints,* planning and consent approval,* jut and site constraints,* Procurement path,* Organizational/stakeholders management* Document control2.3 near of the management approaches considered by the group include* Involving contractor in early stage of the process* Design and Build contract* grade investigation* Collaborating planning and possible overlap during construction to meet deadline* Several procural path* Involvement of the stakeholders* Redesigning to suit the shape of the site* spirit of the area of the job.2.4 Evaluation of project management challenges and approach in the group work2.4.1. Involving contractor in early stage of the process.This can help in integrating the contractors idea and expertise in the planning and design process, although, Austin, Baldwin and Wasket (2000) identified that it might result in uneven design workload while they wait for consultant and other contractors to develop their own design, this result in the thickening paying for retainer while the project is yet to start, thereby increasing the cost of the project. Therefore it might be beneficial to grasp the introduction of contractor early2.4.2 Time constraintsIt can be seen that in the case of Emirate stadium, delivering the project on time is very crucial to modify the club to meet up with football season, Harrison and Lock (2004) stated that rake a project on time is an extremely eventful objective to client as well as avoiding the risk of being skimped in respect of quality and reliability of being tightly fitting to the budget but most time all the objective of the project cannot be met.2.4.3 devicening and consent approval.Two sets of people are involved in planning they the client and the contractor .Obtaining the consent approval and satisfying planning requirement as well as defining the project goals, ensure approachability of funds and selecting the design is the primary responsibility of the owner, this is one aspect that group presentations did not consider. On the side of the contractor, proper planning and scheduling contributed to their delivering the project on time.2.4.4 Contract / procurement strategyThe contract strategy used in the construction of Emirate Stadium is identified as Design and Build. The type of contract is assumed to be the best when time constraint is considered, Rowlison and McDermontt (1999) reported that Design and Build approach involving overlapping of design and construction phases leads to political economy and fast project, though the client has to limit the variation to minimum , finds valuation difficult and also have to make early decisions.However, Aritua, Bower and food turner (2006) reported that Design and Build procurement options has been criticized for being cost rather than design quality driven.Chan and Yu-Ann 20 05 identified design liability as the most important practical problem encounters in design and build system.2.5 surpass practice in project managementThe best practices in project management are those practices that are slackly hold that their application in the project has shown to enhance the chances of success over a wide locate of projects. (PMBOK, 2004)Atkinson (1999) queried, if successful project management means doing something right, that result in a project which was implemented on time, within cost and to a quality parameters request, but which is not used by the customers, not liked by the sponsors and does not seem to provide either improved effectiveness or efficiency for the organizationKerzner (2006) affirmed that best practices in project management are those actions or activities undertaken by the company or individual that led to a sustained competitive advantage, it can be learned from two failure and success. Defining project objective at the outset and es tablishing intercourse importance of these objectives is crucial (Smith 2002). The Primary objectives of the project are usually mensurable in terms of time cost and quality, whilst it may be possible to meet one or two of the objectives, meeting all three of them is almost impossible. (Smith, 2002).However, the general knowledge, skills and processes described in general agreement documents of project management should not always be apply uniformly to all projects, the project manager and the team is responsible for determining the appropriate process and tailored it down to suit the specific project, because every project is ridiculous on its own. (PMBOK, 2004)3.0 The 2012 prodigious Stadium complex3.1 The background of the 2010 London surpassing Stadium.The 2010 London Olympic Stadium is located at the south of Olympic park Stratford, East London. The EDAW consortium functional with Arup and Atkins was appointed by Olympic delivery role (ODA) to develop the master plan and t he design of the Olympic Park, while the design of the Olympic venue or the Athletes Village was tendered separately.In 2007, The Olympic Delivery Authority Signed a Memorandum of Understanding (MoU) with the consortium known as Team Stadium to design and build the Olympic Stadium. The consortium is made up the designer, Hoks sport. Main contractor Sir Robert McAlphine, morphologic engineer Burro Happold, service engineer and landscape designer. The project was estimated at 498miliion pound.The stadium consists of a lower tier of 25000 permanent. Seats set into the landscape with an upper tier of 55000 temporary seats. The sunken bowl built into the ground will contain the field of play and lower permanent seating. However, facilities for athletes within the Stadium include changing rooms, medical support facilities and an 80m warm-up track. Spectator services, refreshments and swap outlets will be located outside the venue on a podium that will surround the Stadium, rather than b eing located within the Stadium itself. verbalisms began three months ahead of chronicle and it is expected to be immaculate by 2011.In addition, construction works in other parts of the Olympic village is still on-going, while some are close to completion, others are yet to start. This is based on the planned milestone schedule set out by the Olympic Delivery Authority., According to the moderate of the Olympic Delivery Authority, some completion date has been moved further, this is to avoid the venue been completed and standing idle in the years before Olympic, as this call for additional cost of maintenance. (Culled from official site of 2012 Olympic).3.2. The outline of the Olympic StadiumPeople will be able to see with their own eyes a stadium which is designed to be different an innovative and sustainable design which uses temporary elements to meet a complex brief, a stadium built for both Games and legacy.(Olympic Delivery Authority Chairman John Armitt).The design of Lon don 2012 Olympic Stadium is much more than dazzling or out of this world Architectural structure that is norm of modern day Olympic stadium. The emphasis in the design has been on minimizing the quantity of material, whilst still producing the needed cognitive process, ensuring the sustainability of the stadium after the games give rise for incorporation of some temporary structures.However, design and construction of such large and complex project need effective and efficient management to deliver the agreed scope of the project. The management approach in multi-projects is generally different from single project. Flexibility management process with explicitly define rules and procedure can be a source of success with large complex project. (Dietrich and Lehtonen 2005).Baccarni (1996) delimit project complexity as project that consists of change interrelated parts and be operationalised in terms of differentiation and interdependence .On the hand Coffman believed that complex project comprises of subset of project that are composed of so many different facets that no individual or small team possesses all of the knowledge, experience, or skills required to design and implement them.Considering 2012 Olympic Stadium as a part of Olympic park which consists of interrelated and multidisciplinary projects that supplicate exceptional level of management and system approach which will be described to be inappropriate for a single project flavor at the technical and organizational complexity of the Olympic park, it is clear that it requires involvement of lots of multi-disciplinary contractors, sub contractors, supply chain, trade, different technology and specialties. Williams (1999) sees technical complexity as a three-fold concept the variety of occupation as the class of interdependencies within these tasks, and the instability of the assumptions upon which the Tasks are based. difficult project requires proper structuring and scheduling in terms of Wo rk Break down Structure and further down into related address software for the qualified construction firms .to bid .For effective organizational management, the services of a planner, scheduler, contract administrator, legal adviser, procurement engineer, accountant will be require in a complex project unlike a single project where all the task will be handle by the project management..Moreover, managing a large, multi-projects environment or complex projects is refers by some author as program management, Fern(1991), stated that the common theme of programme management can be identified as the co-ordination of projects to gain benefits that it would not be possible to dominate were the projects managed independently. He also defined programme management as the coordinated support, planning, prioritization and monitoring of projects to meet changing business needs. Pellegrinelli(1997) pointed out that programme management is not same as multi-project management, that the natur e and practice of program management are much more than resource management though management of scares resources or the establishment of appropriate information system is identified as core elements of programme management. Fern (1991), proposed single objective programme model as one of the generic models to describe how organizations define and practice programme management. According to Fern (1991), programme with single objective are often called macro-project or simple project which consists of large add up of project which run concurrently, often employ large numbers game of contractors and can benefit from programme management techniques.Furthermore, the differences mingled with managing a simple project and a project that is part of a large complex programme, can be identify in the comment of project and program by Pellegrinelli(1997) and Fern (1991), which states that project is a group of related task(activities) which together satisfy one or more objectives, while pr ogramme is a frame work for grouping existing projects (or defining new projects) and for focusing all the activities required to achieve a set of major benefits. Some of features of managing a simple single project include project manager been responsible for directing and coordinating human and material resources throughout the life of a project by using modern management techniques to achieve predetermined objectives, while a large complex programme involves having a programme manager facilitates the interaction of other managers and team manager responsible for work package.In addition, a single simple project have a set objective and self dependent for delivery, which entails, ensuring that trade-offs between scope, quality, time and cost are satisfactory and acceptable(Wideman,1990), while multi-project is interrelated and mutualist with other project in the programme. Significant increase in the number and independence of element between disparate project within a programme r aise structural complexity to a level higher than that of single projects (Blismas et al 2004)A single project has a analogue life cycle and fixed duration in which performance of the project is measured while in multi-project duration depends on the delivery of the entire project in the programme individual project involves one main contractor with few sub contractors while multi-project involves large number of contractor, sub contractors and supply chain.Other features of a single project includes managing risk and uncertainties in line with the project scope and objectives, abbreviated planning process and Single client managementIn addition, scheduling and resources allocated is more complex than that of a single project the need and priority of a particular project is considered, detailed communicating, organization and strategic management, multi-stakeholders management, maturation of software for project planning/scheduling and system control.3.3. GUIDELINES FOR 2012 OLYMP IC STADIUMThe purpose of these guidelines is to help in organizing, planning and control 2012 Olympic Stadium to achieve the project objectives. The guideline covers the life cycle of the project from initiation, planning, execution, monitoring and controlling and closure of the project.3.3.1 inductive reasoning* This is the beginning of the planning phase, the need is identified, resources, preliminary drawing and block diagram is produce, analysis including budget estimation, project charter including cost, task, and deliverable schedule, scope is defined and impact assessment initiated, conceptual design created followed by detailed design and planning3.3.2 jutting planningThis include developing management Plan, scope planning and translation, creating a Work Breakdown Structure (WBS), activity definition and sequencing, vision estimating and allocation, Estimating budget and cost control, activity duration estimating, schedule development, human resource and communication planning, risk management planning, contracting, purchases plan (PMBOK, 2004)* prudence Plan is necessary for the development of preliminary project scope statement, project management processes, environmental factors and organizational process assets. (PMBOK, 2004)Scope planning and definition is essential for creating project scope management plan that documents how the project scope will be defined, verified and controlled and also the creation and definition of WBS. Secondly development of detailed scope statement as basis for future project decisions. (PMBOK, 2004)* Work Breakdown Structure (WBS) Developing WBS with a equivalent project organizations and functional responsibility chart (Wideman,1990) Establishing the programme work equipment failure structure and breaking it into work package for contract purposes. (Wideman,1990)Activity definition and sequencing is crucial in identifying specific activities that needs to be performed to achieve project deliverable and also identifying and documenting dependencies among schedule activities. It contains the activity list and attributes, milestone list, requested change and approved change requests project schedule network diagram. (PMBOK, 2004)* Resource estimating and allocation is important in estimating the type and quantities of resources required by all(prenominal) work package* Estimating budget and cost control Each work package is treated essentially as a separate and self-governing effort requiring resources and input from variety of source (Clough et al, 2000).At the earliest possible time, an acceptable program budget breakdown must be established, which properly reflects the best estimate of the work required to achieve the overall project objectives. This will form the basis for regular cost monitoring and describe (Wideman, 1990)* Contracting, purchases plan Laws and regulations will require public bidding procedure in the government owned project. Advertisements of the project are requ ired to ensure that all contractors who might have interest are offered equal opportunity to bid. A number of work packages may be assembled into a contract package for procurement purposes(Wideman,1990) Type of contract strategy and procurement route to be use and allocation of risk of project is identified* Human resource and communication planning this is necessary in identifying and documenting roles and responsibilities and reporting relationships, secondly. Information and communication needs of the projects stakeholders are determined. (PMBOK, 2004)* Risk management The purpose of risk management process is to make effective project management decisions about what happens on the project in future. This consist of risk source identification, risk impact assessment and analysis and managerial response to risk in the context of the project (Smith, Merna, Jobling, 2006)3.3.3 Execution stageThis involves coordinating people and resources, integrating and perform other project act ivities. Some of the activities of this stage include Directing and managing project execution, performing quality assurance, acquiring and developing project team, information distribution. excerption of consultant, supply chain contractors and sub contractors. (PMBOK, 2004) Directing and managing project execution. This process is necessary for directing the various technical and organizational interfaces that exist in the project to execute the work defined in the project management plan. Some of the activities here consist of approving corrective and preventive actions, approving change request and defect repair, validating defect repair, administrative closure procedure. (PMBOK, 2004) acquiring and developing project team this is essential for obtaining human resources needed to deliver the project and also for improving the competencies and interaction of team members to enhance project performance. (PMBOK, 2004) Information distribution design and foster intensive, open and timely communication within the project stakeholders. Employ multiple channels and mediums, in particular modern information technology and extensive face-to face interactions.Prepare systems that bring down for most processes simple and brief procedures for flexibility of details. Restrict optimization to the essential.* plectron of consultant, supply chain contractors and sub contractors. This process is essential for reviewing bids and proposal, selecting from among the potential contractors and negotiating a written contract, it also entail risk allocation between the client and the contractor. (PMBOK, 2004)3.3.4 Monitoring and controllingThis process is crucial for collecting, measuring and dissemination performance information, and assessing measurements and trends to effect process improvementIntegration and ongoing progress is monitored against agreed milestones, results reported in accordance with mechanisms identified in the communication plan.Secondly monitoring changes and recommending preventive action in anticipation of possible problem is an important element of monitoring and controlling (PMBOK, 2004)3.3.5 health and safety and environment alimentation of health and safety on the site is vital for a successful project delivery. Mandatory personal protective equipment for all the workers on site is necessary Also all the site machine and equipment should be working properly. Workers should be properly trained to use the equipments.3.3.6 Project closure this involves closing of project and contract closure. It is necessary for finalizing all activities, completing and settling for each one contract, including the resolution of any open items and closing each contract relevant to the project. (PMBOK, 20043.4 Outline of Project wariness Challenges 2012 Olympic StadiumSome of the project management challengesDesign constraints* This involves getting an aesthetics design which depicts legacy of modern day and world class Olympics, as well as b eing iconic, environmentally friendly and sustainable in terms of future use and maintenance.* Time constraintsMeeting deadline for the project for the Olympics events is very crucial and one is of the major indicator of measuring success or failure of the project.* Site constraintsThe dirt/site ground is poor from engineering and environmental viewpoint. Owing to past use of the site which resulted in uneven settlement that can only support very light construction. Site is located between two branches of River Lea an old embankment containing sewage artery. The above constraints call for redesigning to suit the site location and environment.* Complexity of the projectThe multi-project nature of the project involves managing large numbers of subcontractors and supply chain. The construction of the stadium is just one component in the Olympic park,* Resource allocation and schedulingEfficient allocation of resources in multi-project environment is a major challenge facing the progra mme manager, as this can lead to success or failure of the projects.* Global recess and price inflationThe world economic crisis of 2009 is a major challenge for the project, as this will cause price inflation for goods and services required for the project. The initial project estimate will no longer be feasible.* Stakeholders managementThe project has different level of stakeholder. They include the financier, the host community, the supporters, the critics, the press and the general public.* Project Co-ordination and document control..The complexity of the project comprises large number of document which might have minor and major changes from the initial design that need to be communicated to people involve with the project.* Logistics ChallengesTransportation of huge numbers of workers and materials to the site using the existing means of transportation, amid the busy city of London.* Health and SafetyMaintaining safety in the site is a major challenge in construction site wit h large number of workers and ensuring that all contractors wedge to the health and safety rule in the site.3.5 ConclusionThe facts remains that projects are distinctive and unique in their own way. Project life-cycle as well as their requirements is different from each other. What worked for one organization in a particular project might not work for another it all depends on the organizational culture and values, project environment, interpersonal skill, etc. The general guideline as contained in the Project solicitude Body of knowledge is only to serve as a guide that needs to be tailored down to suit a particular project. Also it can be seen that project management is more of a practical stop than theoretical, this can be deduce from the uniqueness of every projects, because change is natural in any project. There must be a change from the laid down planned and schedule strategy, change therefore cannot be eliminated, most especially in construction because of the project un certainty, it is expected that plan must change. 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