 The DSL also forbade judges to rely on any fact that was already an element of the crime in order to impose the high term.In "Apprendi v. New Jersey", the Court ruled that any fact that increases a defendant's punishment above the statutory maximum punishment must be submitted to a jury and proved beyond a reasonable doubt.In "Blakely v. Washington", the Court ruled that, for purposes of the "Apprendi" rule, the "statutory maximum" is the greatest sentence the judge may impose based solely on the facts found by the jury.