Racial Discrimination in the Criminal Justice System | Essay

Racial Discrimination in the Criminal Justice System | Essay Abstract The importance of recognizing the fundamental concepts of issues in the Canadian criminal justice system is critical in the illustration of justice to minorities predominately Blacks and Aboriginal. Blacks and Aboriginals have been challenged socially, economically and politically. In examining the Canadian criminal justice system, it can be concluded there are many complications in attempting to justify the outcome of a case. It is imperative to recognize if the Canadian judicial system is simply responsible for the over representation of Blacks and Aboriginals in the justice system. This paper will further examine and critically analyze the flaws of the justice system. The processes of prosecuting an offender sometimes rely on the jurors. The importance of selecting jury needs to be further addressed. Thus, this paper will examine different aspects of the Canadian criminal justice system in relation to the existence of racial discrimination. The foundation of Canada was formed by the Aboriginals continuing to the colonial revolution to become a multicultural country. However the diverse races that are existent in Canada have been in conflict. Racism has lingered for countless years wherein complete abolishment will be unsuccessful providing marginalization and stereotypes are existent in society. It is noteworthy to recognize the race-related injustice minorities experience within the criminal justice system. Though the different systems and procedures in the criminal justice system are designed to protect society, minorities are often challenged with stigmatization. Evidence from the Canadian society indicates an over representation of minorities within the criminal justice system to the extent that there are concerns regarding wrongful convictions such as Donald Marshall, Jr. Prevalent oppression of these races lead to the failure of the justice system to be a reliable source of integrity to citizens, failing to build confidence. This paper will discuss the importance of fair and equal treatment in the justice system. The failure to recognize the injustice minorities encounter often results in the constant practice of systemic discrimination. Discriminatory practices such as racial discrimination and racial profiling are still prevalent within the Canadian Criminal Justice System. The significance of addressing this issue is having an impartial mindset in the judicial system when a minority is convicted. This issue can be addressed as systemic discrimination leading to the over representation of Black and Aboriginal in prisons in Canada. The key areas I will focus on are: the white dominated jury selection in trials involving minorities. I will examine if the criminal cases are a result of systemic discriminatory practices or if it is the complications within those cases. In addition I will also analyze the reason why there is an over representation of Blacks and Aboriginals within the Criminal Justice System and if Canada violates the legislated human rights identified under the Charter of Rights and Freedoms and possibly the Criminal Code. This paper will consist of various studies conducted to examine whether racial discrimination is existent in society. Many studies have been conducted to determine if racial prejudice is present through arrests and court systems resulting in the over population of the prisons. In this paper I will analyze various sources of literature review, reports, articles, cases, theories and studies to enhance my arguments and persuade the reader to implement solutions to help reduce the partial treatment in all levels of the criminal justice system. By addressing the fundamental issue in society it raises awareness of the possible solutions that can be addressed. This is a topic of interest as I can relate as a minority. 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 also discuss that stigmatization of blacks and Aboriginals are still prominent in todays society in the arrest and court processes. In this paper, I will explore why such injustice is still occurring and what actions can be taken to minimize stigmatization. I will draw attention to the various forms of injustice within the Canadian criminal justice system. Through analysis of particular cases I will draw attention to the types of discriminatory practice that exist. I will also make recommendation on how to bet ter address the existing racism problems within the current justice system as addressing such mal practices are vital in improving the justice system. Historical Concepts of Race: It is vital to consider the historical background of the racial backgrounds that will be focused on in this paper. It determines the fundamental cause of the problem today that affects many lives. It is imperative to recognize the aspects that will facilitate for a better understanding of the outcomes of cases. In addition this will confirm the challenges minorities have faced are still present today. Mosher (1998) has proven, The analysis of racial inequality in diverse historical contexts allows us to establish a perspective from which to view contemporary problems (p.28). Blacks in Canada As a result of colonialism, Canada has attracted immigrants from all over the world including blacks. In 2006, data collected through surveys concluded the black population increased to over three quarters of a million approximate 783,000 (Wortley Owusu-Bempah, 2010). Though the population increased significantly from the earlier years, the representation of blacks within the Canadian population remains at 2.5%. The black population in Canada fails to be equally scatter in population distribution, as a result only 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 progress 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 practiced in the United Stated and the Caribbean. Nonetheless, Canada also had some sort of involvement. It has been evident in the ownership of slaves by six legislators of Upper Canadas first parliament (Wortley Owusu-Bempah, 2010). This illustrates the foundation of collectively placing the black population in social disparity from the beginning. Thus, the impact of disadvantage continues to the present day. The poor treatment of white elites towards the black population often denied the basic rights of individuals. The stigmatization of blacks led to segregation in school as well as public life along with limitations of owning properties (Winks, 2008). The hostile treatment of the white population towards blacks was very explicit in comparison to todays society. Although issues of racial discrimination have been addressed it is still implicitly prominent today. Stereotypical views The historical perspective of the blacks in Canada can further illustrate the root of the problem of society today. The beliefs and stereotypes that have been the first perspective of whites towards the black population have been instilled in individuals continuing to carry those set of beliefs. According to a recent survey, results have shown one third of the Canadian population report being at least slightly racist (Leger, 2007). The mentality that has been created about the black population being socially and economically underprivileged has found a way to make members of society believe they are continually being stigmatized. On the earlier years, whites have always had the upper hand in contrast to blacks, this has implicitly continued by examining the members of the criminal justice system from the police system to the members of the judiciary. As racial discrimination has formed in various ways from the beginning, it has had adverse affects on the black population of todays so ciety and the law. Thus, the mentality from the slavery days have evolved and integrated 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 most common explicit evidence of racial discrimination is racial profiling evident through anecdotal accounts. The debate in Canada consists of the scepticism of the general 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 resources for empirical evidence to further assess the amount of racial discrimination in the justice system. However, the minimal research conducted has evidently illustrated the prevalence of discrimination within the black and First Nation group of minorities. Indigenous First Nations suffered through a devastating history however one may not assume it has been completely stopped. Surprisingly, in the present day the mistreatment of police 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 communication processes (Roberts, Doob, 1997). Historically, Aboriginals were seen as a barrier to colonization and progress, as an outcome they were subject to unjust treatment and were forced 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, First nations have been stripped away of culture: they were forced to surrender land and degraded to the reserves while 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 to why society has stereotypical views. As the mandatory placement of Aboriginals on reserves, it has resulted in the constant use of drugs and alcohol as they are excluded from the rest of society. Aboriginals have suffered through a disadvantaged past from being stripped of all kinds of identity and being put aside into the reserves. It is very easy to stereotypically judge 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 involved. The stigmatization that has been established about the Indigenous continues to prevail in society today as it is evident in the criminal justice system. Media The media has become a significant influence on the general public. From the television shows, movies and news it has managed to instil certain information, perceptions in the heads of its viewers and/or listeners. Prominently, the media will portray all the negative characteristics of a certain race which leads to the creation 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 deliver knowledge to the public, selecting certain images of minorities to govern the publics perspective (Fleras and Kunz, 2001). As a result, pessimistic representation of minorities includes stereotypes and beliefs such as: threatening, deviant, and irrelevant to the construction of the nation. The negative traits of minorities depicted in the media automatically become the everyday perception of the public. It is rare to see minorities on a television show, however if they are fea tured 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 confirmation 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 decreased in the likelihood. The media generates a subliminal message of stereotyping black men. Focusing on a particular race stories emphasizing certain characteristics and eventually transfers those characteristics into a social norm (Fleras and Kunz, 2001). In addition, Aboriginals who have claimed the land of Canada primarily are also portrayed as alcoholics and violent individuals facilitating in the general stereotypes. These stereotypes are consumed in individual beliefs including the police and judicial system. According to Scot Wortley and Akwasi Owusu-Bempah (2010) media analyses have depicted Black people in Canada have a heightened chance of being portrayed as criminal offenders rather 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 extensive research within the Toronto star. In his findings, he discovered almost half of all stories depicting Black people are related to crime and violence, in comparison to 14% of its counterparts of white victims. In addition to the results, he also found that white victims received more media coverage than Black victims. These biases of large mediums affect an individuals sub consciousness. Treatments of minorities According to Nelson (2004), extensive research of the differential treatment of Aboriginals has been ongoing historically to present. A summarization of the results consists of similar cases of confrontations between first nations and the police due to harassment, racism or aggressiveness through force to restrain the fighting of Aboriginal groups for treaty rights and land claims. Government has imposed solutions in an attempt to reduce incarceration rates for First Nations. The method of restorative justice is encouraged to decrease the over representation of Aboriginals in the entire Criminal Justice System (Nelson, 2004). In addition, scholars have also studied the perception of police and interactions with the black community. Henry 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 above (Wortley Owusu,-Bempah, 2009, Unequal before the law: Immigrant and Racial Minority Perceptions of the Canadian Criminal Justice system: http://www.springerlink.com/content/036768l1221r238m//fulltext.html#Fig2): Percent of respondents who believe that a black person would receive a harsher sentence than a white person convicted of the same crime The 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 changed. As a result a survey has been conducted based on perception of three major ethnicities: White, Chinese and Black. The public beliefs of mistreating Blacks had forced the police enforcement to implement the idea of designing strategies to eliminate or reduce the belief of targeting racial minorities. An action plan of recruiting minority groups in the police force has been implemented. Evidentially, these anti-racism programs have not been well 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 Profiling A prominent form of racial discrimination is racial profiling. Evidence of surveys conducted still find racial profiling to be a common problem. An academic literature definition of racial profiling is defined 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, Great 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 Commission in 2003 with 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 rac ial 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 System The 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 affirmative action in the courts to avoid stigmatization of race (Crenshaw, Gotanda, Peller, 1995). In addition, in the event of final decisions in court, majority of jurors selected are of a white decent while the criminal offender is often black or Aboriginal with programmed 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 reflects not only the European colonization in early 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 judge, police, prosecutors and the jury, all of whom are most likely White and will likely ensure a conviction (p.9). The credibility of this statement is accurate as it is a primary 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 Police According to Parker et al (2005), there has been sufficient 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 much more favourable within the justice system emphasizing on the higher 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 throughout 2001 there have been 10,000 arrests involving drug possessions which was composed of 38% of black suspects and 23% whites. All accused persons were taken to the police station for report processes. However accused white individuals were likely to be discharged in contrast to black individuals who were most likely to be detained overnight 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). Over 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, dangerous 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 reflection 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 system, it is still questionable whether it is actually 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 improved 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 two out of the four Deputy Chiefs are black as well as the September 2009 graduates reported to have been the most multicultural class of recruits (Wortley Owusu-Bempah, 2010). As the police are creating a racially diversified environment there is no guarantee that minority members are free of racial discrimination in the work force. The problem of racial discrimination will be difficult to completely eradicate, considering the historical aspects of Canada and the existence continuing into the workforce. 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. Jurors Critical Race Theory 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 implication of the Critical Race Theory intensifies the application of power within the criminal justice system. Initially, the aims and objectives of the Critical Race Theory emphasizes on race and power. It fundamentally deconstructs society by categorizing racial hierarchies. However, the recognition of racism 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 applied to the races that are more prominent to racial discrimination, Blacks and First Nations. Jury Selection In addition, the jury selection process is most likely to reflect the judiciary representation. National Law Journal 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 indict 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 (Hamalengwa, 2003). Thus, to achieve an equal administration of justice it is essential to select a racially mixed jury. 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 community. 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 Aboriginals. In contrast, British Columbia and the attending judge held the evidence was not sufficient to determine potential ju rors 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 perspectives. 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 community. 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 potential jur ors 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 Discrimination It 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 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 System The table below illustrates statistics of the composition of the Canadian prison system. It can be concluded through examination 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 committed or the injustice of the courts to properly provide justice to offenders due to racial bias or discrimination. R. v. Marshall (1971) Donald Marshall was an average seventeen 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 down the street and coincidentally 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 Royal Commission had identified Marshall as a victim of wrongful convictions. Marshall was then compensated a total amount of $700, 00.00 upon his release for wrongful convictions (R. v. Marshall, 1971). In this case of wrongful convictions, the integrity of police discretion 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 avoid partial judgements. In careful investigation 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 reducing 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 Canadian Crimin Emirates Stadium: Project Management Emirates Stadium: Project Management 1.0. Introduction The PMI defines project management as ‘the art of directing and coordinating human and material resources through the life of a project by using modern management techniques to achieve pre-determined goals of scope, cost, time, quality and participant satisfaction (Smith 2002) â€Å"Through the project management process, business needs and requirements are transformed into deliverables or outputs the project will provide to meet; this transformation process is made up application of constraints such as time, cost, quality, motivation and application of project management tools and technique.†(APM 2002) According to Dinsmore, and Cabanis-Brewin (2006), project management processes are grouped into the following areas: they are initiating, planning, executing, monitoring and controlling and closing. A good project manager must be skilled in applying this knowledge and be able to integrate these activities as the project moves through its life cycle. The aim of this report is to critically evaluate the project management challenges and the management approaches in the construction of Emirate Stadium described in the groups presentation. Some of the challenges identified in group discussions includes; time constraints, planning approval, design and site constraints, procurement path, organizational/stakeholders management..This report compares some of the identified challenges with the established best practice in project management. The second part of the report is develop guideline for the 2012 Olympic Stadium which will include an overview of the difference between managing a single, simple project and a project that is part of a large complex programme of work, also to outline the project management challenges of the 2012 Olympic Stadium. 2.0 The Emirates Stadium 2.1 Background of the Emirate Stadium complex The need to generate additional revenue from the football event and also to provide a state- of the- art facilities for the fans is identified as the requirement for a new football stadium to replace the existing one .by Arsenal Football Club The Emirate Stadium is located in Holloway in London Borough of Islington town. The stadium is located in a high density residential area therefore restricting feasibility of increase capacity. Over 2000 new homes were built in Islington as part of the project. 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 atmosphere through the design. Over 2,500 legal documents were signed in order to give the project full clearance. The overall project 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 UK 2.2 Main Project management challenges identified by different groups Based on the group presentations some of the main project management challenges identified include: * Time constraints, * Planning and consent approval, * Design and site constraints, * Procurement path, * Organizational/stakeholders management * Document control 2.3 Some of the management approaches considered by the group include; * Involving contractor in early stage of the process * Design and Build contract * Site investigation * Collaborating planning and possible overlap during construction to meet deadline * Several procurement path * Involvement of the stakeholders * Redesigning to suit the shape of the site * Understanding of the scope of the project. 2.4 Evaluation of project management challenges and approach in the group work 2.4.1. 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 client paying for retainer while the project is yet to start, thereby increasing the cost of the project. Therefore it might be beneficial to delay the introduction of contractor early 2.4.2 Time constraints It can be seen that in the case of Emirate stadium, delivering the project on time is very crucial; to enable the club to meet up with football season, Harrison and Lock (2004) stated that delivery a project on time is an extremely important objective to client as well as avoiding the risk of being skimped in respect of quality and reliability of being close to the budget but most time all the objective of the project cannot be met. 2.4.3 Planning 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 availability 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 strategy The 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 economics and fast project, though the client has to limit the variation to minimum , finds evaluation difficult and also have to make early decisions. However, Aritua, Bower and Turner (2006) reported that Design and Build procurement options has been criticized for being cost rather than design quality driven. Chan and Yu-Ann 2005 identified design liability as the most important practical problem encounters in design and build system. 2.5 Best practice in project management The best practices in project management are those practices that are generally agreed that their application in the project has shown to enhance the chances of success over a wide range 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 requested, 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 organization Kerzner (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 both failure and success. Defining project objective at the outset and establishing relative importance of these objectives is crucial (Smith 2002). The Primary objectives of the project are usually measured 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 unique on its own. (PMBOK, 2004) 3.0 The 2012 Olympic Stadium complex 3.1 The background of the 2010 London Olympic Stadium. The 2010 London Olympic Stadium is located at the south of Olympic park Stratford, East London. The EDAW consortium working with Arup and Atkins was appointed by Olympic delivery Authority (ODA) to develop the master plan and the 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, structural 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 merchandise outlets will be located outside the venue on a ‘podium that will surround the Stadium, rather than being located within the Stadium itself. Constructions began three months ahead of schedule and it is expected to be completed 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 chairman 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 Stadium â€Å"People 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 London 2012 Olympic Stadium is much more than dazzling or ‘out of this world Architectural structure that is norm of modern day Olympic stadium. â€Å"The emphasis in the design has been on minimizing the quantity of material, whilst still producing the required performance, 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) defined project complexity as project that consists of varied interrelated parts and be operationalised in terms of differentiation and interdependency .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 demand exceptional level of management and system approach which will be described to be inappropriate for a single project Looking 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 task as the degree of interdependencies within these tasks, and the instability of the â€Å"assumptions upon which the Tasks are based.† Complex project requires proper structuring and scheduling in terms of Work Break down Structure and further down into related bid package for the qualified construction firms .to bid .For effective organizational management, the services of a planner, scheduler, contract administrato r, 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 programme 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 obtain 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 nature 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 Fe rn (1991), programme with single objective are often called macro-project or simple project which consists of large numbers of project which run concurrently, often employ large numbers of contractors and can benefit from programme management techniques. Furthermore, the differences between managing a simple project and a project that is part of a large complex programme, can be identify in the description 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 programme 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 interdependent with other project in the programme. Significant increase in the number and independence of element between disparate project within a programme raise structural complexity to a level higher than that of single projects (Blismas et al 2004) A single project has a linear 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 Single 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 management In 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 communication, organization and strategic management, multi-stakeholders management, development of software for project planning/scheduling and system control. 3.3. GUIDELINES FOR 2012 OLYMPIC STADIUM The 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 Initiation * 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 planning 3.3.2 Project planning This include developing management Plan, scope planning and definition, creating a Work Breakdown Structure (WBS), activity definition and sequencing, Resource 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) * Management 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): â€Å"Developing WBS with a corresponding project organizations and functional responsibility chart (Wideman,1990) Establishing the programme work breakdown 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 each work package * Estimating budget and cost control: Each work package is treated essentially as a separate and autonomous 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 reporting† (Wideman, 1990) * Contracting, purchases plan: Laws and regulations will require public bidding procedure in the government owned project. Advertisements of the project are required 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 stage This involves coordinating people and resources, integrating and performing other project activities. Some of the activities of this stage include Directing and managing project execution, performing quality assurance, acquiring and developing project team, information distribution. Selection 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 prescribe for most processes simple and brief procedures for flexibility of details. Restrict optimization to the essential. * Selection 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 controlling This process is crucial for collecting, measuring and dissemination performance information, and assessing measurements and trends to effect process improvement Integration 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 Maintenance 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 each contract, including the resolution of any open items and closing each contract applicable to the project. (PMBOK, 2004 3.4 Outline of Project Management Challenges 2012 Olympic Stadium Some of the project management challenges: Design constraints: * This involves getting an aesthetics design which depicts legacy of modern day and world class Olympics, as well as being iconic, environmentally friendly and sustainable in terms of future use and maintenance. * Time constraints; Meeting 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 constraints The soil/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 project The 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 scheduling Efficient allocation of resources in multi-project environment is a major challenge facing the programme manager, as this can lead to success or failure of the projects. * Global recession and price inflation The 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 management The 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 Challenges Transportation of huge numbers of workers and materials to the site using the existing means of transportation, amid the busy city of London. * Health and Safety Maintaining safety in the site is a major challenge in construction site with large number of workers and ensuring that all contractors adhere to the health and safety rule in the site. 3.5 Conclusion The 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 Management 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 discipline than theoretical, this can be deduce from the uniqueness of every projects, because change is inherent 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 uncertainty, it is expected that plan must change. The ability of the project manager to apply the principles of risk management and improve effective change management will determine result of the project. 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